102 CMR 8.00: STANDARDS FOR THE LICENSURE OF FAMILY CHILD CARE AND LARGE FAMILY CHILD CARE HOMES (10-10-2003)
102 CMR 8.00 is adopted in accordance with M.G.L. c. 28A, which created the Office of Child Care Services. The law states the policy of the Commonwealth is to assure every child "a fair and full opportunity to reach his full potential." To provide this opportunity to all children in family child care, the Office fulfills its mandate as the agency responsible for licensing family child care by developing specific standards for family child care homes. These standards establish a substantial level of performance that every family child care home must meet in order to be allowed to operate. The standards further establish a strong foundation for quality child care for children enrolled in family child care homes, and identify the practices necessary to ensure an environment of caring that is characterized by a total commitment to each child in care. 102 CMR 8.00 et seq. incorporate rules for the operation of all family child care homes, including large family child care and family child care plus homes. 102 CMR 8.01 through 8.15 describe the regulations for all child care homes; 102 CMR 8.20 through 8.22 describe the regulations for homes licensed for six or fewer children; 102 CMR 8.30 through 8.33 for those homes licensed for seven to ten children; and 102 CMR 8.40 through 8.42 for those homes licensed for eight or fewer children, at least two of whom must be school aged. Unless there are specific exceptions noted in the regulations, all requirements of these regulations apply to all children in care, regardless of age.
As used in 102 CMR 8.00, the following words have the following meanings unless the context requires otherwise:
Approved Space. Indoor and outdoor space that has been approved by the Office, in writing, as meeting or exceeding the square foot requirements in 102 CMR 8.22(1) or 8.32 for the provision of child care.
Caregiver. A provider or assistant, working in the licensed child care home. In medical emergencies, this may include an emergency back-up person.
Certificate. Any certificate, in writing, issued by the Office to any person that authorizes the person to be a certified assistant or a regular assistant in any licensed child care home.
Certified Assistant. A person who holds a certified assistant certificate issued by the Office, meets the qualifications of the provider for whom he or she is working, and works with or substitutes for the child care provider in a licensed child care home.
Child. For the purposes of only these family child care regulations, the term "child" shall mean any person under thirteen years of age, or sixteen years of age if such child has special needs.
Child with Special Needs. A Child who, because of temporary or permanent disabilities consisting of a developmental delay or an intellectual, sensory, neurological, emotional, communication, physical, specific learning or health impairment or combination thereof, is or would be unable to progress effectively in a regular program, facility, or home. This may include, but not be limited to, a school age child with special needs as determined by an evaluation conducted pursuant to M.G.L. c.71B, § 3, and as defined by the Department of Education in 603 CMR 28.00.
Child Care Home. When used alone, either a family child care home, a large family child care home, or a family child care plus home.
CORI Form. The Criminal Offender Record Information form used by the Office to check the criminal history of a provider, assistant, household member, or any person regularly on the premises of the child care home.
Family Child Care Home. Any private residence that, on a regular basis, receives for temporary custody and care during part or all of the day, children up to and through age 12 or children under 16 years of age if such children have special needs; provided, however, that the total number of children younger than 16 years of age in a family child care home must not exceed six, including participating children as defined by the Office. Family child care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore.
Family Child Care License. Any license, in writing, issued by the Office to any person which authorizes such person to operate a family child care, a large family child care, or a family child care plus home.
Family Child Care Plus Home. A private residence that, on a regular basis, receives for temporary custody and care during part or all of the day, children up to and through age 12, or children younger than 16 years of age if such children have special needs, and receives for temporary custody and care for a limited number of hours, children of school age in accordance with regulations promulgated by the Office, provided however, that the number of children under the age of sixteen in a family child care plus home must not exceed eight children at least two of whom must be school aged, including participating children as defined by the Office Family child care plus shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore.
Family Child Care System. Any entity or person who, through contractual arrangement, provides to family child care homes that it has approved as members of said system, central administrative functions including, but not limited to, training of operators of family child care homes; technical assistance and consultation to operators of family child care homes; inspection, supervision, monitoring, and evaluation of family child care homes; referral of children to available family child care homes; and referral of children to available health and social services, provided, however, that family child care system shall not mean a placement agency or a child care center.
Household Member. Any person other than the provider who resides in the child care home for 30 consecutive days or more.
Infant. A child who is under 15 months of age.
Large Family Child Care Home. A private residence that, on a regular basis, receives for temporary custody and care during part or all of the day, children up to and through age twelve or children under sixteen years of age if such children have special needs, and receives for temporary custody and care for a limited number of hours, children of school age in accordance with regulations promulgated by the Office; provided however, that the number of children under the age of 16 in a large family child care home must not exceed ten, including participating children as defined by the Office. A large family child care home must have at least one additional approved caregiver present when the total number of children participating in such child care exceeds six. Large family child care shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation thereof.
Medical Emergency. An unforeseen event that results in the caregiver, a child in care, spouse, parent, or household member of the caregiver needing immediate medical treatment.
Participating Children. Any child living in the family child care home will be considered a participating child when:
(a) the child is younger than five years of age and the child is present in the home; or
(b) the child is at least five but younger than ten years of age, the child is enrolled in school, and is present for more than three consecutive hours while child care is provided, except for school holidays, brief illnesses, snow days, or short school vacations.
(c) the child is home schooled, regardless of age.
Premises. The provider's dwelling unit and approved outdoor space.
Private Residence. A dwelling that is occupied for living purposes by the provider, or some other person, so long as the dwelling is the occupant's full-time legal residence, and contains the facilities necessary for sleeping, eating, cooking, and family living.
Provider. Any person holding a license issued by the Office to operate a child care home.
Relatives. Persons related by marriage, blood, or adoption, including step-relatives or in-laws.
Regular Assistant. A person who holds a regular assistant certificate issued by the Office; does not meet the qualifications of the provider for whom they are working; and who may replace a provider or certified assistant on a limited basis as allowed under 102 CMR 8.05(3).
School-Age Child. A child who is attending kindergarten and is of sufficient age to enter first grade the following year, or an older child attending a higher grade who is not more than 12 years of age, or a child with special needs who is younger than 16 years of age.
Toddler. A child who is between 15 months and two years of age who is able to walk unassisted.
24-Hour Care. Care available on a 24-hour basis, not necessarily to the same child.
(1) Posting of License. The provider must post conspicuously any license issued by the Office. Where applicable, the provider must post a copy of the certificate of any assistant working in the home.
(2) License Not Transferable. A license is not transferable from one provider to another. Transfer of a license from one address to another, or from one location to another, may be accomplished as provided in 102 CMR 8.03(7).
(3) Conditions of License or Certificate. A license or certificate is valid for up to three years from the date of issuance, unless revoked, suspended, or made probationary.
(a) The Office may amend or issue a license or certificate for a period less than three years as provided in 102 CMR 8.03(6) and (7).
(b) When a license or certificate is issued based on a renewal application that was not filed on time pursuant to 102 CMR 8.03(6), the term of the license or certificate must not exceed the period from the date of renewal to three years from the date of the most recently expired license or certificate.
(4) Application. Any person who wishes to operate a child care home or be a caregiver in the child care home must file a written application on forms provided by the Office. In addition to the application form, any person who wishes to operate a child care home must submit the following:
1. two references as required by 102 CMR 8.03(8);
2. evidence that the applicant is in good physical health as required by 102 CMR 8.04(1)(a)1-3;
3. certification of first aid and CPR training as required by 102 CMR 8.20(4)(c);
4. if water is not from a municipal supply, evidence that drinking water has been tested within the last year by a Department of Environment Protection (DEP) approved laboratory and meets drinking water standards as required by 102 CMR 8.07(10);
5. evidence that all fossil fuel burning stoves meet applicable local and state codes as required by 102 CMR 8.08(2)(b)1;
6. a written plan that addresses curriculum, activities, and routines as required by 102 CMR 8.11; and
7. evidence of having completed orientation sessions approved by the Office as required by 102 CMR 8.20(4)(a).
(b) For Large Family Child Care:
1. all documentation required under 8.03(4)(a);
2. evidence of employment of an assistant as required by 102 CMR 8.30(4); and
3. evidence of having completed a pre-service session as required by 102 CMR 8.30(3)(a).
(c) For Family Child Care Plus:
1. all documentation required under 8.03(4)(a); and
2. evidence of having completed a pre-service session as required by 102 CMR 8.40 (3)(a).
The Office may also request and consider other background information as it deems necessary.
(5) Pre-licensing Visits. The Office will conduct visits to homes, and will require a visit as a pre-condition to licensure.
(6) Renewal. Any person seeking to renew a license or certificate must file a written application for renewal with the Office on forms provided by the Office not less than 30 days before the date of expiration of his/her current license or certificate. As long as the provider or assistant files an application for renewal on time, the license or certificate will remain in effect until the Office makes a final determination on the application.
(7) Change in Location or Address. Except in cases of emergency, the provider and any approved caregivers must file with the Office an application for change of address or location at least ten business days prior to the change of address or location of the family child care home or assistant's residence. Said application must request that the provider's license or approved caregiver's certificate be amended to reflect the new address or location where child care will be provided. If the application for change of address or location contains all necessary information and documentation of compliance with all applicable regulations, the Office will issue an amended license or certificate which contains the new address or location, but will otherwise remain the same regarding the existing issue date, expiration date and license number. No fee will be required when a provider files an application for change of address or location in a timely manner, as set forth in 102 CMR 8.03(7).
(a) As part of the application process, the applicant must submit to the Office the names of at least two references, from persons unrelated by marriage, blood or adoption to the applicant, who have known the applicant for at least one year and can provide information about the applicant's ability to care for young children.
(b) Large family child care applicants must submit both references from parents of children who attend or have attended the family child care home within the past three years.
(c) If the applicant has been employed within the past five years, the Office may request that at least one reference come from an employer.
(9) Inactive Status of a License. A provider who voluntarily ceases or suspends providing care while remaining licensed may elect inactive status. To become inactive, a provider must notify the Office that care has ceased. A provider who elects inactive status must return the license and any assistant certificates to the Office. Child care may resume after the provider has requested that the Office return the license and indicated to the satisfaction of the Office that the child care home is in compliance with 102 CMR 8.00 et seq. While the license is inactive, the Office will not include the provider on its roster of active providers. The acceptance by the Office of inactive status shall not limit the Office's authority to investigate compliance with 102 CMR 8.00 et seq. nor to take adverse action against the license as appropriate, pursuant to 102 CMR 8.00 et seq. and 102 CMR 1.00 et seq.
(10) Variances. The Office may, upon the written request of the provider, grant a variance of a particular regulation contained in 102 CMR 8.03 through 8.34 except for 102 CMR 8.21(1), 8.31(1) and 8.41(1). The applicant or provider must provide clear and convincing evidence, satisfactory to the Office, which may include expert testimony, that shows that the applicant's or provider's alternate method will comply with the intent of the regulation. The Office may consider any other evidence concerning the request for a variance. The Office will grant a variance, in writing, for a specified period not to exceed the term of the license. If the Office receives or finds evidence that the provider has violated the conditions of the variance, the variance will be rescinded.
8.04: Provider Qualifications and Responsibilities
(1) Physical and Mental Health. The caregiver and all members of the household must be in good physical and mental health.
(a) The provider must submit evidence, at the time of application, of the following:
1. immunity to measles, mumps, rubella and other diseases according to current Massachusetts Department of Public Health policy;
2. a physical examination within one year before application detailing any limitations in working with young children.
(b) The physical examination shall be valid for three years from the date of examination and must be updated every three years.
(c) The Office may request that the provider, any time before or following the issuance of a license, submit current statements, signed by a physician or other professional acceptable to the Office, certifying that he or she and/or the other members of the child care household are in good physical and mental health.
(2) Provider Responsibility. The provider may engage the services of qualified persons to assist in the care of the children. The provider remains responsible for compliance with 102 CMR 8.00 et seq. regardless of the use of any other caregiver. The provider must inform all caregivers of the location of the children's records and all procedures pertaining to the operation of the child care home including, but not limited to, emergency procedures, variances, first aid procedures, supervision, child guidance, children's individual health needs, and the curriculum plan.
(3) Ability To Care for Children. The caregiver must demonstrate and maintain at all times the physical, mental and emotional ability to care for the number of children for which the provider has applied under 102 CMR 8.00, or for which a license has been granted, in a way that meets the generally accepted physical, social, emotional, and intellectual needs of children. The caregiver must follow good personal hygiene practices at all times. The caregiver must exercise good judgment at all times and demonstrate an ability to handle emergency situations appropriately.
(4) First Aid and CPR. The provider must ensure that a caregiver with current certification in First Aid and CPR is on the premises at all times whenever children are present except in the case of unforeseen emergencies.
(5) Combining Other Activities. The provider must not combine the provision of child care with any other business, employment, or volunteer activity in the home during the hours in which care is provided, unless another caregiver(s) is on the premises directly supervising the children at these times.
(6) Personal Schedule. The caregiver's personal schedule must ensure that the caregiver has sufficient rest for alert and competent attention to the children.
8.05: Qualifications and Use of Assistants
(1) All assistants must demonstrate the ability to implement the provider's written plan of curriculum, activities and routines.
(2) Certified Assistant. An assistant who meets the qualifications of the provider and who may replace the provider.
(a) An assistant who meets the qualifications of a family child care provider will be certified and known as a certified family child care assistant.
(b) An assistant who meets the qualification of a family child care plus provider will be certified and known as a family child care plus assistant.
(c) An assistant who meets the qualification of a large family child care provider will be certified and known as a large family child care assistant.
(3) Regular Assistant. An assistant whose qualifications are not equal to those of the provider shall be known as a regular assistant. A regular assistant must, at a minimum, be 18 years of age and have a background free of conduct, which in the judgment of the Office, would bear adversely on his or her ability to care for children. A regular assistant may work under the general supervision of a family child care provider, family child care plus provider, or large family child care provider and under the following conditions:
(a) A regular assistant may be alone, on the premises, with up to six children, in accordance with terms of 102 CMR 8.21(3)(a), 8.31(4)(a), and 8.41(3)(a), for up to twenty-five (25) hours in a twelve (12) month period or up to eight (8) hours in a seven (7) day period. In order to care for children alone, as described previously, all assistants must be currently certified in first aid and CPR.
(b) In large family child care homes and family child care plus homes, a regular assistant working with another approved caregiver must be under the general supervision of the provider or certified assistant at all times. A regular assistant cannot be alone with children except as allowed by 102 CMR 8.05(3)(a).
(4) Provider's Record Keeping Requirements.
(a) The provider must maintain a log that includes the name(s) of all assistant(s), their certificate number(s) or letters of approval, expiration date(s), and the dates and times the assistant(s) provide(s) care.
(b) The log must be kept on file for five years and made available to the Office upon request.
(c) The provider must keep a copy of each assistant's certificate or letter of approval, first aid certification and CPR certification, as applicable. The approved caregiver must renew CPR annually and remain current in first aid as required by the Office.
(5) Assistant Record Keeping Responsibilities. All assistants must maintain a record of all licensed child care homes where they have cared for children, including the dates and hours of service. This log must be kept on file for five years and made available to the Office upon request.
(a) Approved Space. Child care must be provided only in approved space. The provider must arrange play space and furniture in the child care home to allow room for active and quiet play, and individual and group activities.
(b) Two Exits. The child care home must have at least two separate exits to the outside, approved by the Office. Exits and escape routes must be kept clear of obstructions.
(c) Two Exits From Basement. If the provider has a basement space that is approved for child care, the basement must have at least two separate means of egress directly to the outside. The two separate means of egress must be approved by the Office. All exits and escape routes must be kept clear of all obstructions. Family child care homes, large family child care homes, and family child care plus homes initially licensed prior to the effective date of these regulations, and which remain continuously licensed, will be exempt from the requirement of two separate means of egress from the basement. However, in the event of substantial renovations to the basement, the child care home must be in compliance with this regulation after the renovations are completed.
(d) Bathroom. There must be a bathroom accessible to children not more than one floor level away from the approved space.
(a) Space Requirement. The provider must have access to at least 75 square feet of safe, hazard-free outdoor play space for each child in care, including participating children. The outdoor play area must have access to direct sunlight and shade.
1. Outdoor play space must be free of hazards, including but not limited to the following:
b. debris, broken glass, chipped, flaking or peeling paint;
c. tools and construction materials
d. open drainage ditches, wells, holes, water;
e. rusty or broken play materials.
2. Hazards must be made inaccessible to children. The hazards must be removed, fenced by a sturdy, permanently installed barrier that is at least four feet high, or otherwise secured, as appropriate.
1. Porches and decks must be inspected and approved by the Office before use by child care children.
2. Porches and decks may be used to meet the requirements for outdoor play space.
3. Porches and decks that are more than three feet from grade level must be surrounded by a protective barricade in accordance with applicable building codes.
4. Barricades must be sturdy and constructed in a way that will prevent a young child from going underneath, over, or through them.
5. Stairs must be safely barricaded whenever the porch or deck is in use.
6. Additional precautions may be required as deemed necessary.
(d) Alternative Play Space. Where safe, appropriate play space is not available on the premises of the child care home, parks or other outdoor facilities that are within ten minutes of the child care home may be used with the prior approval of the Office.
(e) Pools. The provider must treat, clean and maintain all swimming and wading pools according to sound health and safety practices, guidelines, and regulations. Whenever pools are not in use, they must be made inaccessible to children.
(f) Hot Tubs. All hot tubs, whether indoors or outdoors, must be inaccessible to children.
(g) Trampolines. Any use of trampolines by child care children is prohibited.
8.07: Physical Facility Safety
(1) Dangerous Materials. The provider must store all potentially dangerous materials including, but not limited to, pressurized cans, cleaning fluids and supplies such as bleaches or detergents, polishes, matches, insecticides, firearms, ammunition, tools, sharp-pointed and sharp-edged instruments, plastic bags, purses, poisonous plants and medical supplies in locked cabinets, locked storage facilities, or out of the reach of children.
(2) Door Locks. Locks on doors to closets and bathrooms must be easily opened from both the inside and outside. If locks are not easily opened from both sides, the provider must make the locks inoperable, or out of the reach of children.
(3) Firearms. The provider must keep firearms unloaded and stored in either a locked cabinet or a safe, secured place out of the reach of children. The provider must store ammunition separately from firearms, either in a locked cabinet or a safe, secured place out of the reach of children.
(4) Furnishings and Fixtures. The provider must arrange furnishings and fixtures safely, with sharp edges protected, and in such a way as to not present hazards to children.
(5) Stairways, Railings, and Barriers.
(a) In homes where care is provided for any child younger than three years of age, there must be a barrier at the entry to any stairway that is four or more steps.
(b) Riding toys are not allowed in any room where there is access to stairs.
(c) Barriers must be permanently installed at the top of stairways used by children younger than three years of age.
(d) Stairways used by children must be well lit and free of all hazards
(e) Open stairways which allow access to another level of the home must have railings or banisters installed along the open or unprotected side(s) which prevent a child from falling underneath or through them.
(6) Peeling Paint. The provider must maintain the interior and exterior of the child care home in good repair, free of chipped, flaking, or peeling paint, or broken plaster.
(a) The provider must maintain the home in a clean and sanitary condition, free of clutter, and hazard-free.
(b) The caregiver must prepare and store all food and beverages in a manner that ensures that they are free from spoilage and that they are safe for human consumption. The provider must provide refrigeration and storage for food at not less than 32º F, or more than 40º F for food requiring refrigeration.
(c) Kitchen garbage must be kept in lined and covered containers and must be regularly removed from the premises.
(d) The interior of the home must be clean and maintained free from vermin. Safe and effective means of eliminating vermin must be ensured. No exterminations may occur during child care hours.
(8) Sanitizing Materials and Equipment.
(a) The caregiver must wash with soap and water and then disinfect equipment, surfaces and materials as frequently as necessary to maintain cleanliness.
(b) The disinfectant must be either a self-made bleach solution or a commercially prepared disinfectant that has been registered by the Environmental Protection Agency (EPA) as a sanitizing solution (registration can be identified by reading the product label and using the disinfectant precisely as directed on the label). Bleach solutions must be made using guidelines provided by the Office.
(c) The caregiver must provide disposable non-latex gloves to be used for the clean-up of blood spills or bodily fluids. The affected area must be disinfected. Used gloves and any other material containing blood or other bodily fluids must be thrown away in a lined, covered container. The provider must ensure that the caregivers wash their hands thoroughly with soap and water after cleaning up the affected area. The affected clothing must be sealed in a plastic container or bag, labeled with the child's name and returned to the parent at the end of the day.
(9) Ventilation and Lighting. A room occupied by children in care must be well ventilated and lit. Portable fans must be kept out of reach of children.
(10) Water Supply. If the water is not from a municipal supply, the provider must present evidence, upon application and subsequent renewal of his or her license, that the water has been tested within the past year by a Massachusetts Department of Environmental Protection approved laboratory and approved as meeting drinking water standards. If the water fails to meet drinking water standards, the provider must use bottled water for drinking and cooking.
(11) Windows . The provider must ensure suitable protection of any window that is accessible to children and may present a hazard. All open windows must be protected in rooms used by children under five years of age.
(12) Water Temperature. The provider must provide running water in washbasins used by the children. The temperature must not exceed 120° F during child care hours.
8.08: Fire Safety and Prevention
(a) All electrical outlets within the reach of children must be made inaccessible by use of a safety device or covering that bars access to the receptacle openings.
(b) If the covering is a shock stop, it must be of adequate size to prevent a choking hazard.
(c) All electrical cords must be arranged so that they are not hazards to children.
(d) Electrical cords must not be frayed or damaged.
(a) Licensed child care space must maintain a temperature of at least 65° F inside the rooms occupied by the children.
(b) All fuel burning stoves, including but not limited to wood, coal, pellet, or gas, when used during child care, must:
1. meet applicable local and state codes and approval documentation must be provided to the Office.
2. be maintained in a manner that ensures the safety of all children. Heaters and stoves in approved space or common space used by children must be surrounded by a fireproof wall or enclosed by partitions, screens, or guards or other similar barricades that are at least three feet in height and installed at least three feet from the heaters and stoves. If non-combustible and non-heat retaining materials are used, barricades may be placed two feet away from the stove.
3. Heaters and stoves that are not used for heating purposes during child care, or are used before child care and are sufficiently cooled to prevent a child from being burned, may be barricaded less than two feet away.
4. Heaters and stoves that are never used for heating purposes may be barricaded two feet from the stove or be sufficiently padded to prevent a child from injury if the child falls against them.
(c) Portable Heaters and Radiators. The use of portable heaters and portable radiators is prohibited during child care hours.
1. All working fireplaces in approved space or in common space used by children must have a secure child proof barrier in place at all times.
2. The caregiver must be in the room with the children whenever a fireplace is in use.
3. Hearths that present a hazard to children must be protected or padded.
(e) Radiators and Hot Water Pipes. All steam and hot water pipes and radiators must be shielded by permanent screens, guards, insulation or any other suitable device that prevents children from coming in contact with them and which is not a fire hazard.
(a) Approved smoke detectors must be located on or near the ceiling throughout the child care home as follows:
1. on each floor level of the child care home, including cellars and basements. An approved smoke detector must be installed in each stairway on the ceiling near the base, but not within, the stairway. A smoke detector installed to detect a fire in the basement must be located near the base of the stairwell leading to the floor above.
2. outside of each separate sleeping area. Sleeping areas (i.e. bedrooms or sleeping rooms) separated by other rooms such as kitchens or living rooms (but not bathrooms) must be considered separate sleeping areas. A smoke detector installed to protect a sleeping area must be located outside the bedrooms but near the sleeping area.
(b) Smoke detectors must be maintained in operable condition. The provider must maintain a safety log of tests made monthly. If the smoke detector is battery operated, the batteries must be replaced at least annually, or more often as necessary, and noted in the safety log.
(4) Carbon Monoxide detectors. Approved carbon monoxide detectors must be located and maintained in the family child care home in accordance with the provisions of the state fire safety code and guidelines.
(a) The provider must have first aid materials available in the child care home that include:
adhesive tape, band-aids, gauze pads, gauze roller bandage, disposable, non-latex gloves, cold pack, syrup of ipecac (to be used only if recommended by the Poison Control center), scissors, tweezers, and thermometer.
(b) When the children are taken off the premises, the caregiver must bring first aid materials, including an instant cold pack, and the emergency information for each child, including telephone numbers of parents, emergency contacts, and source of health care, permission for emergency medical treatment, and permission for the administration of first aid and CPR. The caregiver must have some mechanism for making telephone calls to emergency personnel and parents (e.g. change, calling card, cellular telephone).
(a) Written Evacuation Plan. A diagram of the escape routes must be posted conspicuously at each means of egress.
1. The provider must have a written plan detailing procedures for meeting potential emergencies including the evacuation of children from the home in the event of a fire, natural disaster, loss of power, heat or hot water or other emergency. The plan must include but not be limited to:
a. escape routes from each floor level approved for child care;
b. a designated meeting place outside and away from the child care home; and
c. a method of contacting the fire department or other appropriate authorities after the home has been evacuated.
2. The plan must be kept current and must meet the needs of all children in care, including infants and children with disabilities who may need additional assistance during an evacuation.
1. The provider must conduct separate evacuation drills from each approved floor level at least once per month. Said drills must be at varying times so as to ensure that all children in care participate in the drills.
2. The provider must maintain a log documenting the date and time of the drill, the number of children evacuated, the exit route used and the effectiveness of the drill.
3. Alternate exit routes must be used at least every other drill.
1. The provider must identify to the Office at least one potential emergency caregiver who will be available to provide temporary child care in case of a medical emergency, but the provider may use others as necessary, if said caregiver is unavailable.
2. The emergency caregiver must be able to arrive at the child care home within ten minutes of being summoned by the provider.
(3) Flashlight. The provider must have at least one operable flashlight located on each approved level of the child care home.
(a) The provider must have a working telephone other than a pay phone in the home.
(b) Emergency phone numbers, including the fire department, police, ambulance, nearest emergency health care facility, Poison Control Center, the names and phone numbers of the emergency back-up persons to be called in case of an unanticipated medical emergency and the address and telephone number of the child care home, must be visible and posted on or next to the telephone and on each approved floor level.
(c) Parental contact information must be kept immediately accessible to all caregivers. Such information must be kept in a manner so that it is not accessible to the public.
(d) When a programmable phone is in use, the codes for the required numbers must be posted on or next to the telephone and on each approved floor level.
The caregiver must exercise supervision of the children in care that ensures their health and safety.
(1) Substitute Providers. The following persons in addition to the provider may provide care:
(a) a certified assistant as provided under the terms of 102 CMR 8.05(2);
(b) a regular assistant as provided under 102 CMR 8.05(3);
(c) persons who are designated to be called upon in an unanticipated medical emergency, as provided in 102 CMR 8.09(2)(c).
(a) The caregiver must directly supervise the child care children at all times.
1. The caregiver must always be on the same floor level as the child care children.
2. The caregiver must be able to see or hear the children without interference.
3. The caregiver must use good judgment according to current Office policy.
(b) Notwithstanding the provisions of 102 CMR 8.10(2)(a) and (3), children seven years of age or older may participate in activities without direct supervision in the approved space so long as both the parent and the provider gives such permission. Caregiver guidance must be available when requested or needed. Caregivers must regularly monitor the activity of each child.
(c) The caregiver must not leave a child unattended in an infant seat on a table or on a changing table.
(d) The caregiver must never leave a child awake and unattended in a crib, infant seat on the floor, or playpen for a period of time exceeding 15 minutes.
(3) Supervision During Napping. The caregiver must supervise children while they are napping by observing them at least every 15 minutes. A caregiver must remain on the same floor level as the napping children.
(a) The caregiver must never leave a child awake in a napping room for longer than 15 minutes.
(b) If children are napping in a room with a door, the caregiver must leave the door ajar.
(c) If a baby monitor is used, the caregiver may close the door. The caregiver may use a baby monitor only when children of the same age group (infants, toddlers, preschoolers) are napped together.
(a) The caregiver must always directly supervise the child care children. The caregiver must accompany the children outside at all times, including during the use of Office approved porches or decks, except as provided by 102 CMR 8.10(4)(c).
(b) A child may be allowed to go indoors to use the bathroom facilities when the caregiver has determined that the child is capable of using the bathroom without assistance.
(c) Children five years of age or older may be allowed to engage in outdoor activities alone, including the use of Office approved porches or decks if:
1. the outdoor play space is located on the family child care premises of a single family or first floor residence, and is enclosed by a fence at least four feet high; and
2. the children are observed by the caregiver every 15 minutes;
3. the time outside alone does not exceed one hour; and
4. the parents have given written permission.
(d) Notwithstanding the provisions of 102 CMR 8.10(4)(a) and (c), children seven years of age or older may engage in outdoor activities alone, including the use of Office approved porches or decks, and may leave the family child care premises for a specific activity, such as bicycle riding, so long as both the parent and the provider give such permission. The provider must obtain written parental consent for any child to leave the family child care premises, for any reason, that must specify activity, time, method of transportation, and parental responsibility for the child once he or she leaves the family child care premises.
(5) Children in Vehicles. A caregiver must never leave a child unattended in a vehicle.
(6) Supervision Around Water. A caregiver must at all times directly supervise children to ensure their safety around water, including but not limited to whenever the children are swimming or are in a bath tub, shower, pool, or playing with standing water.
8.11: Curriculum, Activities, and Equipment The provider must develop, implement, and submit to the Office a written plan that addresses curriculum, activities and routine.
(1) The caregiver must provide care to children that is nurturing, responsive to their individual needs and supports the development of self-esteem, social competence, and school readiness through a developmentally and culturally appropriate learning environment.
(2) Routine. The caregiver must carry out a routine that is flexible and responsive to the needs and interests of the children in care. This routine must include:
(a) meeting the physical needs of the children in care.
(b) a balance of active and quiet play, group and individual activities.
(c) child initiated and caregiver initiated activities.
(d) ample opportunities for positive interactions among children.
(e) frequent positive interactions between caregivers and children.
(f) thirty minutes of physical activity every day.
(g) daily outdoor play, weather permitting.
(3) Curriculum. The provider must develop a curriculum that engages children in developmentally appropriate activities by planning specific learning experiences. Where appropriate and feasible, children must participate in the development of these learning experiences. This curriculum must include:
(a) learning self-help skills that foster independence.
(b) opportunities to gain problem solving and decision making competencies and leadership skills.
(c) opportunities to experiment, create, and explore concepts in math, science, art, music, movement, language and literacy.
(d) opportunities to learn about proper nutrition, good health and personal safety.
(e) learning social skills, such as kindness, empathy, responsibility and respect for self and for the feelings and rights of others.
(4) Equipment and Materials. The caregiver must use a variety and adequate supply of materials and equipment that supports the curriculum, both indoors and outdoors.
(a) Materials and equipment must be appropriate the children's ages and stages of development.
(b) Materials should include, but not be limited to books, art supplies, block and accessories, large muscle equipment, manipulative toys, musical equipment, and dramatic play materials.
(c) All materials and equipment must be kept clean and free of hazards.
1. The caregiver must not use any equipment, materials and furnishings identified by the U.S. Consumer Product Safety Commission as being hazardous.
2. Children must be protected from materials that could be swallowed and/or present a choking hazard.
(5) Cultural Diversity. The caregiver is responsible for providing an environment that promotes cultural, social and individual diversity while developing awareness, acceptance and appreciation of differences.
8.12: Comfort and Welfare of Children
(1) Attention to Needs. The caregiver must pay consistent and timely attention to the physical and nutritional needs of children, including toileting, eating, napping, cleanliness, and the use of weather-appropriate clothing.
1. The caregiver must serve nutritious food as defined by USDA Child and Adult Care Food Program Guidelines
2. Children must be offered one snack or meal, if in care for less than four hours and must be offered regularly scheduled meals and snacks, if in care four hours or longer.
3. Infants and toddlers must be fed according to their individual feeding schedules or needs.
(b) Requirements When Parents Send Meals. The caregiver must offer nutritious meals and snacks to children whose parents do not provide adequate food for the day.
(c) Drinking Water. The caregiver must have drinking water freely available or must offer it at frequent intervals.
(3) Child Guidance. The caregiver must use child guidance in a consistent way based on an understanding of the individual needs and development of a child.
(a) The caregiver must use child guidance techniques such as setting reasonable and positive expectations, offering choices and providing children an opportunity to verbalize their feelings, which encourage children to develop self-control through understanding.
(b) Only the provider and approved caregivers are permitted to guide the behavior of the children in care.
(c) The following actions must never be used to guide the behavior of the children:
1. spanking or other corporal punishment;
2. subjecting children to cruel or severe punishment such as humiliation, verbal or physical abuse, neglect, or abusive treatment by other children;
3. depriving children of or force feeding meals or snacks;
4. disciplining a child for soiling, wetting, or not using the toilet; or forcing a child to remain in soiled clothing or forcing a child to remain on the toilet; or using any other unusual or excessive practices for toileting;
5. excessive time-out. Time-out may not exceed one minute for each year of the child's age and must take place within the caregiver's view.
(4) Care of Infants and Toddlers. The provider must ensure that:
(a) diapering areas are separate from facilities and areas used for food preparation and food service;
(b) a supply of clean, dry diapers adequate to meet the needs of the children is maintained;
(c) each child's diaper is changed when wet or soiled;
(d) a common changing table or diapering surface is not used for any other purpose;
(e) the changing surface is protected with either a disposable covering, a covering that can be washed and disinfected after every use, or a covering designated for an individual child;
(f) caregivers wash their hands with liquid soap and running water using friction after diapering a child;
(g) hands are dried with individual or disposable towels;
(h) a change of clothing is provided for each child;
(i) personal items such as bottles, baby food, pacifiers, or formula are either labeled with the child's name or are distinctly different in appearance (i.e. size, shape, color). One child's personal items must never be used by another child; and
(j) young children have a balance of activities, including the ability to freely explore the family child care home with certain times specified for individual talking to, handling, and playing with by the caregiver at least part of each day.
(5) Evening and Night Care. If care is to be provided on a regular basis during the evening (8:00 P.M.-11:30 P.M.), night (11:30 P.M.-6:00 A.M.), or on a regular 24-hour basis, the provider must submit to the Office a schedule of times and days when care is provided within two weeks of providing such care. A provider caring for children during evening or night hours must ensure that:
(a) each child has an individual bed, crib or cot and bedding appropriate to the season that is maintained in a safe and sanitary condition. Bed linens must be changed and laundered at least weekly; whenever wet or soiled; and before use by another child;
(b) children in care do not sleep in the same room with children of the opposite sex, without written parental permission;
(c) there is a variety of planned, age appropriate activities made available to the children when they are not sleeping;
(d) children have a routine that encourages good personal hygiene practices. Each child must have an individual washcloth, towel and toothbrush and must have the opportunity to change into night clothes and wash before bed;
(e) bathrooms and hallways are well lit;
(f) the evacuation plan in 102 CMR 8.09(2)(a) includes a means for getting sleeping children up and out of the family child care home; and
(g) the caregiver remains awake until the children are asleep. The caregiver must always be on the same floor level as the children and must be available to the children during the night, if necessary.
(6) Prevention of Abuse or Neglect.
(a) Any form of abuse or neglect of children while in care is strictly prohibited. Providers must operate family child care homes in ways that protect children from abuse or neglect.
(b) A provider is responsible for abuse and neglect if:
1. the caregiver admits to causing the abuse or neglect, or
2. the caregiver is convicted of the abuse or neglect in a criminal proceeding, or
3. the Office determines that there is reasonable cause to believe that the caregiver or any other person caused the abuse or neglect while children were in care. Such information may include a report filed under M.G.L. c. 119, §§ 51A and 51B.
(c) Any finding that abuse or neglect occurred at a family child care home may result in emergency suspension or revocation of a license or certificate pursuant to 102 CMR 1.07.
(7) Napping Space and Bedding.
(a) The provider must have available for each child in care an individual bed, sofa, cot, crib,
(b) port-a-crib, pad, sleeping bag, layered blanket the thickness of a sleeping bag, mat or playpen, with clean coverings for napping or resting purposes.
(b) Children may not be napped on waterbeds.
(c) Each child in care younger than 15 months of age must be napped in an individual bassinet, crib, port-a-crib or playpen.
1. Cribs must have properly fitted mattresses.
2. Slats on cribs must be no more than 2 3/8 " apart.
3. Pillows must not be used for children younger than six months of age or any child unable to lift his or her head.
(8) Care of Mildly Ill Children. The caregiver may care for children who are mildly ill. If a child becomes ill during the day, the caregiver must notify the parents. When caring for a mildly ill child, the caregiver must meet his or her individual needs for food, drink, rest, play materials, comfort and appropriate activities, as indicated by the health condition of the child.
(9) Administration of Medication. If a caregiver administers medication to children, he or she must do so according to the following requirements.
(a) The caregiver may administer prescription or non-prescription medication to a child only with written parental authorization.
1. For non-prescription medication, except topical non-prescription medication, parents must give written authorization once a week including the dosage, number of times per day and the number of days for that week the medication is to be administered.
2. For topical non-prescription medication including but not limited to sunscreen and insect repellant, written parental authorization must be given at least annually.
(b) The caregiver may administer prescription medication to a child only with the written order of a physician (which may include the label on the medication) indicating that the medicine is for the specific child and the dosage, number of times per day, and number of days the medication is to be administered.
(c) The caregiver must keep all medication labeled in its original container, with the child's name, the name of the drug and the directions for its administration and storage.
(d) The caregiver must not administer medication contrary to the directions on the original container unless authorized by a written order of the child's physician.
(e) The caregiver must store all medications under proper conditions for sanitation, preservation, security, and safety. All unused or expired medication must be disposed of safely, or returned to the parent when no longer needed.
(f) The provider must keep a written report of the administration of all medication, except topical non-prescription medication, to children that includes the time and date of administration and the name of the child. This report must be maintained in the child's record.
(a) The caregiver and children who are able must wash their hands with liquid soap and running water using friction at least at the following times: before eating or handling food, after toileting or diapering, after coming into contact with body fluids and discharges, after handling pets or their equipment, and after cleaning.
(b) Hands must be dried with individual or disposable towels.
(a) Smoking is not permitted in the presence of children during child care hours.
(b) If the caregivers or household members smoke cigarettes, cigars, or pipes, the provider must make this known in advance to parents who are considering placing their children in the provider's care.
(a) The caregiver must protect the children from household pets and other animals at the home.
(b) The provider must ensure that pets or animals kept on the premises are free from disease and are kept in a safe and sanitary manner.
(c) The provider must make litter boxes inaccessible to children.
(d) Children must not come into physical contact with reptiles. Reptiles in the home must be kept in accordance with the Department of Public Health Guidelines.
(13) Car Seats and Vehicles. If the caregiver transports children in a private vehicle, the caregiver must ensure that:
(a) each child is transported in an individual car seat or individual and appropriate restraint in accordance with state law;
(b) the operator of the vehicle is licensed in accordance with state law;
(c) any vehicle used for transporting children is registered, inspected and operated according to state laws and is maintained in a safe operating condition;
(d) all car seats and restraints meet the requirements of all state and Federal regulations.
(14) Children with Disabilities.
(a) The provider must make reasonable accommodations to serve a child with a disability unless such accommodations would impose an undue hardship on the family child care home.
(b) The provider must request that the parent provide written recommendations from the child's physician or any other person who has evaluated or treated the child regarding the specialized care or accommodations that a child with a disability may require.
(c) If, in the provider's judgment, the accommodations would cause undue hardship, written notification must be provided to the parent regarding the reasons for not enrolling the child and informing the parent that he/she may contact the Office and request that the Office determine if the provider has met the requirements of 102 CMR 8.12(14).
(a) The provider must keep readily available and in one place, all children's information, permissions, and health records.
(b) The records must be kept for five years from the date of termination of a child from care.
(2) Children's Records Prior to Admission. The following information must be obtained in writing, prior to admission or first day of attendance of a child:
(a) the child's full legal name (and preferred name, if different), address and date of birth;
(b) the name, address, and phone number of the parent(s);
(c) the business name, address, and phone number of the parent(s), and instructions as to how to reach the parent(s) during the hours the child is in the family child care home;
(d) the name, address and phone number of person(s) to contact in case of emergency when the parent is not available;
(e) the names, addresses and phone numbers of persons authorized to take the child from the family child care home;
(f) the name, address, and phone number of the physician or source of health care for the child;
(g) a statement signed by the parent establishing the usual arrival and departure times and usual days in care of the child;
(h) The child's eating and sleeping habits, food preferences or dislikes, allergies, and any special medical or other problems;
(i) For an enrolled child with disabilities, a copy of written recommendations from treating professionals regarding the specialized care or accommodation the child may require; or a statement signed by the parent indicating the parent's decision to withhold such information;
(j) date of admission or first day of attendance;
(k) permission to transport a child to a medical facility and for the child to receive emergency medical treatment in the event that the parent cannot be reached and when delay would be dangerous to the health of the child;
(l) permission for provider or approved assistant to administer basic first aid and/or CPR; and
(m) a general permission from the parent of each child to take the child off the premises of the child care home, on a form that lists common excursions (e.g. library, store, playground, swimming) and the means of transportation.
(3) Children's Medical Examinations and Immunizations.
(a) The provider must obtain from the parent of a child in care, within one month of admission, the following:
1. A statement signed and dated by a physician or health agency that the child has been examined within one year before admission, that any known special conditions are under appropriate treatment and indicating all allergies or other conditions that would require special care.
2. Evidence that the child has been successfully immunized according to current Department of Public Health's recommended schedules. Following admission, the provider must maintain an updated record of a child's immunizations according to the Department of Public Health's immunization schedule.
3. A statement signed by a physician or employee of a health care agency stating that the child has been screened at least once between the ages of nine and twelve months and annually thereafter at the ages of two and three years. In addition, children must be screened at age four if they reside in a community deemed high risk for lead poisoning by the Department of Health. For children admitted to care prior to 12 months of age, the licensee must obtain such documents before the child turns 13 months of age.
(b) The provider may not require the parent to show evidence by a physician's statement of the child's health or immunization record if the child's physician submits documentation that such a procedure is contraindicated or if the parent objects, in writing, on the grounds that it conflicts with his/her sincerely held religious beliefs.
(c) Not withstanding the provisions of 102 CMR 8.13(3)(a), the provider may accept from parents of school age children a written statement that the required information is on file with the child's school.
(a) The provider must annually update information following a review of each child's record with his or her parents.
(b) The provider must obtain, at the time of review, updated parent permission to:
1. take the child off the premises of the child care home;
2. administer first aid and CPR;
3. transport a child to a medical facility in an emergency; and
4. administer the topical medications identified by the parent.
(c) The provider must obtain an updated medical statement including evidence of a physical exam within a year from the date the child was last examined and an update of immunizations and lead screening, where appropriate.
(d) Unless otherwise specified, all parental consents are valid for one year from the date of parental signature, unless such consent is withdrawn in writing prior to that time.
(5) Children's Records While in Care. The provider must maintain in the child's file, where applicable:
(a) An injury report for any injuries received while the child was in care including the date and approximate time of injury, how it occurred, treatment given and how parents were notified;
(b) A report of any serious or unusual marks, bruises, injuries, changes in behavior, or repeated health concerns, such as severe diaper rash, that are observed upon arrival at the child care home or throughout the day.
(c) Special permissions from the parent of each child for excursions that are not included on the general permission, obtained before the special excursion. The special permission must specify destination, duration of trip, and means of transportation.
8.14: Parent Notifications and Protections
(1) Notification to Parents of Medical Emergency. The provider must notify parents immediately of any injury that requires emergency medical treatment.
(2) Notification to Parents of First Aid Administered. The provider must notify parents the same day whenever first aid is administered.
(3) Notification to Parents of Communicable Diseases. The provider must notify all parents whenever a communicable disease has been introduced into the home.
(4) Confidentiality and Distribution of Children's Records. Information contained in a child's record is privileged and confidential. The provider must not distribute or release information in a child's record to any unauthorized person without the written consent of the child's parent. The child's parent, at reasonable times, must, upon request, have access to everything in his or her child's record
(5) Parent Information. The provider must give to the parent(s) a copy of the parent fact sheet prepared by the Office that summarizes 102 CMR 8.00.
(6) Identification of Others Providing Care. The provider must inform the parents of children in care of the names of any caregivers and their responsibilities, and the names of the persons who would be called upon in an unanticipated medical emergency.
(7) Parent Visits. Parents must be permitted to visit a child care home unannounced any time during the hours that their child is present. The provider must inform all parents of this policy in writing, and maintain a copy of this notification in the child's record.
(8) Reports to Parents. The provider must make available to parent(s) any information requested concerning the operation of the child care home or the care of their own child. The provider must bring special problems or significant developments to the parent's attention as soon as they arise.
(9) Notification of Children Being Taken Off the Premises. The caregiver must inform the parents of children in care of any occasion when the children will be taken off the premises of the child care home, before such occasion, regardless of the general or special permissions for excursions as required in 102 CMR 8.13(2)(m) and 8.13(5)(c).
(10) Parent Notification of Firearms. The provider must notify parents of the existence of a firearm in the family child care home. This notification must be given upon enrollment and/or when the firearm is brought into the family child care home.
(11) Parent Notification of Household Composition. The provider must notify the parents of any changes in the regular composition of the household. The provider must notify the parents of anyone regularly on the premises.
(12) Pets. The provider must notify the parents of the existence of a pet in the family child care home. This notification must be given upon enrollment and/or when any pet is brought into the family child care home.
(13) Parent Notification of Infant Sleeping Position Practices. The provider must notify parents of SIDS risk reduction practices, sleep positioning policies, and arrangements for sleeping all infants on their backs.
8.15: Provider's Record Keeping and Notification Responsibilities
(1) Death, Serious Injury or Emergency Treatment. The provider must immediately report to the Office the death, serious injury, hospitalization, or emergency treatment by any medical personnel of any child that occurs during the hours the child is in care in the child care home. Within 48 hours of such an occurrence, the provider must submit to the Office a written report with the name and age of the child, circumstances leading to the injury and/or death, time of injury and/or death, and name of hospital and/or treating physician.
(2) Report of Emergency Response. The provider must notify the Office immediately of an emergency response to the child care home during child care hours by police or board of health personnel. The provider must notify the Office immediately of an emergency response to the child care home by fire department personnel regardless of the time of the incident.
(3) Report of Suspected Child Abuse or Neglect. Any caregiver working in a child care home is a mandated reporter under M.G.L. c. 119, § 51A and must make a report to the Department of Social Services whenever he/she has reasonable cause to believe a child receiving care in the child care home is suffering from serious physical or emotional injury resulting from abuse inflicted upon the child, including sexual abuse, or from neglect, including malnutrition, no matter where the abuse or neglect may have occurred.
(4) The provider must report to the Office immediately upon learning of the report, any 51A report in which a caregiver, any household member, or any person regularly on the premises is named the alleged perpetrator of abuse or neglect of any child.
(5) Report of Legal Proceedings. The provider must notify the Office in writing within five days of the initiation of the legal proceedings listed below which are brought against any caregiver, a household member, or person who is regularly on the premises:
(a) Any criminal or delinquency complaint listed in the Office of Child Care Services CORI Regulations;
(b) Any civil action in which mistreatment or neglect of a child is alleged; and
(c) Any petition alleging that a child of a provider, any assistant, any household member or any person who is regularly on the premises is in need of services or care and protection.
(6) Change in Household Composition. The provider must notify the Office in writing within seven days of any changes in household composition including occurrence such as marriage or the addition of another child. The Office must be notified of any other new household member once he/she has been residing in the household for 30 consecutive days. A CORI form must be submitted for any household member 17 years of age or older.
(7) Notification of Approved Foster Home. The provider must notify Office in writing within seven days upon approval of becoming a foster care provider. This includes but is not limited to approval by either the Department of Social Services or a licensed placement agency.
(8) Notification of Firearms. The provider must notify the Office whenever a firearm is brought into the family child care home.
(9) Change in Telephone Number. The provider must notify the Office within seven days of a change in telephone number.
(10) Business Records. The provider must maintain all business records for five years, including but not limited to:
(a) Attendance records, as in 102 CMR 8.15(11).
(b) Log documenting use of all approved assistants, as in 102 CMR 8.05(4).
(c) Log of evacuation drills, as in 102 CMR 8.09(2)(b)(2).
(d) All communications between the Office and the licensee, which must be made available to the public on request.
(11) Attendance Records. The provider must keep and maintain a record of attendance that indicates each day a child is present and any unusual arrival and departure times.
FAMILY CHILD CARE REQUIREMENTS
8:20: Provider Qualifications and Responsibilities in a Family Child Care Home
(1) Age. The provider must be 18 years of age or older.
(2) Physical and Mental Health. The provider must meet the requirements in 102 CMR 8.04(1).
(3) Experience. The provider must meet at least one of the following requirements as part of his/her qualifications to care for children:
(a) One year of experience as a parent;
(b) One year of full-time experience, or the equivalent, in caring for children younger than twelve years of age;
(c) Nine months of full-time experience, as required by 8.20(3)(b),and completion of 15 hours of training, approved by the Office, not including an orientation session;
(d) Six months of full-time experience, as required by 8.20(3)(b), and completion of 30 hours of training, approved by the Office, not including an orientation session;
(e) Certificate of staff qualifications issued by the Office of Child Care Services.
(a) Orientation. At the time of new application, the applicant must submit evidence of having completed, within one year before application, an orientation session approved by the Office. This pre-service training cannot be used to complete the requirements of 8.20(4)(b).
(b) Continued Training. The provider must maintain evidence of having completed within the past three years at least 15 hours of training relevant to caring for children, approved by the Office.
(a) First Aid and CPR. At the time of new application, the applicant must submit a valid certificate verifying training in basic first aid and CPR, which is age appropriate for all the children in care. Thereafter, the provider must maintain evidence of current first aid and CPR certification as required by the Office.
8.21: Number of Children in Care in a Family Child Care Home
(1) Maximum Number of Children in Family Child Care Homes. In no case may a provider be licensed for more than six children. The number of children present in the home, under the age of 16, who are counted as part of the provider's licensed capacity must not exceed the number written on the license.
(2) Determining Capacity. Every person present in the home under 16 years of age must be included in the provider's capacity unless:
(a) The child lives in the residence and is ten years of age or older and is not home schooled;
(b) The child lives in the residence, is at least five years of age and younger than ten, and is present for fewer than three consecutive hours while day care is provided except for a school holiday, brief illness, snow day, or short school vacation. During summer vacation, children living in the residence younger than ten years of age must be counted whenever they are present in the family child care home;
(c) The child does not live in the residence, is at least 12 years of age, is not present at the provider's home on a regular basis, and is at the provider's home with no expectation by the child's parent or guardian that the provider will provide care for the child.
(3) Number of Children Younger Than Two Years of Age.
(a) The provider may care for three children younger than two years of age if at least one of the three children is 15 months of age and can walk unassisted.
(b) The provider must include in the three any participating children younger than two years of age living in the residence.
(c) Any time there are more than three children younger than two years of age, or more than two children under fifteen months of age, two caregivers must be present. One of these caregivers must be either a provider or a certified assistant.
(1) The provider must have a minimum of 150 square feet of approved usable floor space in homes caring for one or two children and a minimum of 225 square feet of approved usable floor space in homes caring for three to six children, including participating children living in the residence. This space must allow for the free movement and active play of children.
(2) Bathrooms, corridors, and areas of the home that the children are restricted from or unable to be used, and portions of rooms or areas that contain furniture or equipment suitable only for adult use, must not be counted in meeting the square footage requirement.
LARGE FAMILY CHILD CARE REQUIREMENTS
8.30: Provider Qualifications and Responsibilities in a Large Family Child Care Home
(1) Experience. The provider must meet at least one of the following requirements as part of his/her qualifications to operate a large family child care home:
(a) Family Child Care Experience. Three years of full-time experience as a licensed family child care provider or certified assistant; or
(b) Equivalent Experience. At least three years of full time experience caring for unrelated children in a group setting including at least one-year of full-time experience as a licensed family child care provider or certified assistant.
(2) Physical and Mental Health. The provider must meet the requirements in 102 CMR 8.04(1).
(a) Pre-service Training. At the time of new application, the applicant must submit evidence of having completed, within one year before application, a five-hour training on large family child care approved by the Office. This pre-service training cannot be used to complete the requirements of 102 CMR 8.30(3)(b).
(b) Continued Training. The provider must maintain evidence of having completed within the past three years at least 30 hours of training.
1. If caring for infants and toddlers, training must include at least five hours in the topic area of Infant/Toddler Development;
2. The remainder of the 25 hours must be diversified in topics such as child growth and development, child guidance, planning environments, curriculum, children with special needs, professional development, health and safety, and training relevant to caring for children, and must be training approved by the Office.
3. A three credit college course in a relevant topic satisfies the requirement for the 25 hours of training.
(b) First Aid and CPR. At the time of new application, the applicant must submit a valid certificate verifying training in basic first aid and CPR, which is age appropriate for all the children in care. Thereafter, the provider must maintain evidence of current first aid and CPR certification as required by the Office.
(4) Staffing. At the time of application or renewal, the applicant or provider must submit the name and certificate number of the assistant working in the large family child care home.
8.31: Number of Children in Care in a Large Family Child Care Home
(1) Maximum Number of Children in a Large Family Child Care Home. In no case may a provider be licensed for more than ten children. The number of child care children present in the home, under the age of 16, who are counted as part of the provider's licensed capacity must not exceed the number written on the license. At no time must the number of children under twelve years of age, including children described in 102 CMR 8.31(2), exceed 14.
(2) Determining Capacity. Every person present in the home under 16 years of age must be included in the provider's capacity unless:
(a) the child lives in the residence and is ten years of age or older and is not home schooled.
(b) the child lives in the residence, is at least five years of age and younger than ten, and is present for fewer than three consecutive hours while child care is provided except for a school holiday, brief illness, snow day, or short school vacation. During summer vacation, children living in the residence who are younger than ten years of age must be counted whenever they are present in the family child care home; or
(c) the provider has six or fewer children in care, and the child meets the requirements of 102 CMR 8.21(2)(c).
(3) Adult/child Ratio. Whenever one caregiver is off the premises of the child care home, neither caregiver may care for more than six children. No more than three of the six children may be under the age of two and at least one of the three must be able to walk without assistance.
(4) Number of Children Under Two Years of Age. Adult/child ratios for caring for children under the age of two are determined based on the age of the child, the combination of different aged children within the group, and the potential addition of children older than two years of age to the group.
CHART : CAREGIVER TO CHILD RATIO
8.32: Space Requirements in a Large Family Child Care Home
(1) The child care home must provide each child with adequate space for free movement and active play with a minimum of 35 square feet of usable floor space per child, including participating children, exclusive of hallways, bathrooms, and portions of rooms or areas that contain furniture or equipment suitable only for adult use.
(2) The space counted toward the square footage requirement can be located on no more than two adjacent floors.
(3) No more than one area that is used exclusively for napping purposes can be counted toward meeting the square footage requirements.
(1) A visit by the Office is required as a pre-condition to licensure.
(2) An unannounced visit must be made by the Office within six months of licensure.
(3) An unannounced visit must be made by the Office annually thereafter.
The holder of a Large Family Child Care license shall be permitted to operate a Family Child Care Plus program without further approval from the Office.
FAMILY CHILD CARE PLUS REQUIREMENTS
8.40: Provider Qualifications and Responsibilities in a Family Child Care Plus Home
(1) Child Care Experience. The provider must have either:
(a) At least two years of full-time experience as a licensed family child care provider or certified assistant; or
(b) At least two years of full-time experience caring for unrelated children in a group setting including at least one year of full-time experience as a licensed family child care provider or certified assistant.
(2) Physical and Mental Health. The provider must meet the requirements in 102 CMR 8.04(1).
(a) Pre-service. At the time of application, the provider must submit evidence of having completed, within one year before application, a pre-service session approved by the Office. This pre-service training cannot b