It is the legislative intent to protect the health, safety, and well being of the children of the Territory who attends child day care facilities. Toward that end, it is the purpose of this Chapter to establish Territory minimum standards for die safety and protection of children in child day care facilities to insure maintenance of these standards, and to regulate such conditions in such facilities through a program of licensing. It shall be the policy of the Territory to insure protection of children under care in child day care facilities, and to encourage and assist in the improvement of child day care programs.
(a) No person may operate a child day care facility for 3 or more unrelated children unless he holds a valid license issued by the Department of Social Welfare.
(a) The Department shall promulgate reasonable rules and regulations to carry out the provisions of this Chapter.
A person desiring to operate a child day care facility shall apply in writing to the Department for a license.
The Department shall supply the applicant with die appropriate application forms and a copy of die appropriate minimum standards.
On receipt of the application, the Department shall conduct an investigation of the applicant and the plan of care for children.
The Department shall complete its investigation and render decision on the application within ninety days after receipt of the application.
If the Department determines that the facility has reasonably satisfied all requirements, it shall issue a license.
In issuing a license, the Department may impose restriction the facility, including, but not limited to, the number of children to be served and the ages of children to he served.
A license applies only to the location stated on the application and license issued and is not transferable from one person to another or from one place to another. If the location of the facility is changed or the owner of the facility is changed, the license shall be automatically revoked.
The licensee must display the license in a prominent place at the facility.
Application for Renewal of License
Not later than thirty days prior to expiration of its license, a facility may apply for a renewal of its license in accordance with the provisions of this Chapter and the rules and regulations promulgated by the Department. The application must be completed and acted on prior to the expiration of the license. Evaluation to determine if the applying facility meets all requirements must include a specified number of visits to the facility and review of all required forms and records.
The Department may issue a provisional license to a facility whose plans meet the Department requirements but which is (1) not currently operating, or (2) changing ownership.
A provisional license is valid for six months from the date of issuance and is non-renewable.
An annual license will be issued if the Department determines that the facility meets all requirements on a continuing basis. The evaluation shall be based on a specified number of visits to the facility and a review of all required forms and records.
An annual license shall be valid for one year.
Child care facilities operated by the Territory are exempt from the licensing requirements of this Chapter, but Territory-op- facilities must receive certification of approval from the Department.
To be certified, the facilities must meet all Department standards, rules and regulations, and provisions of this Chapter that apply to licensed facilities of the same category. The operator of a certified facility must display the certification in a prominent place at the facility. Certification of approval must be renewed every two years.
If a facility has temporarily suspended operations but has definite plans for renewing operations within the time limits of the issued license, the Department may suspend the license.
If the Department finds repeated non-compliance with standards that do not endanger the health or safety of the children the Department has the option of suspending the license for a definite period of time instead of denying or revoking the license. In order to qualify for suspension under this subsection, the facility must:
(1) Show it can meet the standards within the suspension period, and
If a facility does not comply with standards after the suspension, the Department must deny or revoke its license.
If the Department finds that a facility does not comply with the provisions of this Chapter, the Department standards, Department rules and regulations, or the specific terms of a license or certification, it must deny or revoke the license or certification of approval.
The Department must notify the person operating or proposing to operate the facility of the reasons for the denial or revocation and the person's right of appeal within 20 days of receipt of the Department's notification.
If the person wishes to appeal, he must notify the Department by certified mail within 20 days and must state in the notification the reasons against denial or revocation.
The Board of Social Welfare shall hear the appeal within four weeks, shall render its decision within one week after the hearing, and shall notify by certified mail the person of its decision.
Within 20 days after receipt of the Board of Social Welfare's decision, the person whose license has been denied or revoked may challenge the decision in a suit filed in the Territorial Court of the Virgin Islands. The trial shall be de novo.
On request by a person challenging a Department decision in a court suit, the Department shall supply him with a copy of the verbatim transcript of his Board of Social Welfare hearing, at his expense. Records of the hearing shall be kept for one year after a final decision is rendered.
Unless the Department uses the procedures to close the facility set forth in Section 394 of the Child Day Care Facility Licensure Act, a person may continue to operate a facility during an appeal of the denial or revocation of its license.
Any person who violates any provisions of this Chapter or rule, regulation, or standards of the Department which threatens serious harm to the children in the facility, or who violates any provision of this Chapter or rule, regulation, or standard of the Department three or more times within a period of a year, or who operates a facility without a license or certification as required under this Chapter, or who places a public advertisement for an unlicensed facility, is subject to a civil penalty of not more than $1,000 for each day of violation and for each act of violation, as the court may deem proper. Civil penalties shall be cumulative and in addition to the remedies of injunction and criminal penalties provided in this Chapter.
A person operating a child day care facility without a license or placing a public advertisement for an unlicensed facility is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 and imprisonment not to exceed three months, or both.
Thousands of Virgin Islands children receive care away from their homes for at least part of each day, and the quality of care is significantly important to their growth and development.
Parents of young children in child day care facilities rely on the safeguards of Title 34 Chapter 13 of the Virgin Islands, Code which requires that licensing standards and practices be established that are preventive arid protective by nature. These standards relate to all children, from whatever social or economic circumstances they may come
The standards in this document are the result of a lengthy effort to provide practical, purposeful regulations for child day care throughout the Territory. Many people representing a variety of interests have contributed to the development of these standards.
Resource people, including Social Welfare staff, child (Jay care operators arid directors, parents, arid specialists in pediatrics, health, mental health, nutrition, early childhood education, fire protection environmental health and other areas, worked at reviewing and revising a series of drafts.
Informational and discussion meetings were conducted by Department of Social Welfare staff on St. Croix and St. Thomas, and during the 60-day public review of the final draft, public hearings were held providing further input from Virgin Islands citizens, particularly owners of child day care facilities.
These licensing standards are the basic minimum requirements and, as such, are the foundation on which good child day care is built. Facilities may choose to go above and beyond these standards in meeting the needs of children in our changing society.
"Act" means the Child Day Care Facility Licensure Act, Title 34, Virgin Islands Code, Chapter 13 (Act No. 4418).
"Admission" means the process of entering a child in a child day care facility. The admission date is the first day on which a child is actually present in the facility.
"Adult" means a person 18 years of age or older.
"Application" means the form furnished by the Department to gather information about and to document the intent of a person or persons to operate a child care facility. The application also includes all material required for submittal to tile Department.
"Attendance" means the number of children actually present in a child day care facility at any given little.
"Certificate" means a written notice issued to a department agency, or institution of the Virgin Islands Government approving the operation of a Child Day Care Facility operated by a department agency or institution.
"Child" means an individual under 14 years of age.
"Child Day Care facility" means a "family day care home", "group day care home", "day care center", or "children's camp", whether known or incorporated under some other descriptive name, whether or not the facility is operated for profit.
"Children's Camp" means a recreational, Educational, or cultural program operating on a daily, and/or overnight basis, and providing care for three or more unrelated children between the ages of three and 14 years, whether or not the facility is operated for profit.
"Day Care" means the care, supervision, and/or guidance of three or more unrelated children for any part of a 24-hour day.
"Day Care Center" means a child day care facility which provides care for more than 12 unrelated children between two and 14 years of age for less than 24 hours a day, whether known under some other descriptive name, and whether or not the facility is operated for profit.
"Department" means tire Department of Social Welfare.
"Director'' means any person ultimately responsible for the daily operation of a child Day care facility (also, see "operator").
"Employee" means any person employed in a child day care facility in any capacity, whether or not such person receives payment or other compensation for his services.
"Enrollment" means the number if children registered in the child Day care facility.
"Evening arid Night Care" means care given to children who are starting or continuing their night sleep or children who spend the night at tire facility.
"Facility" means the people, administration, governing body, activities, operations, buildings, grounds, equipment furnishings and materials involved in the care of children.
"Family Day Care Home" means a child day care facility which provides care for not less than three nor more than six unrelated children under 14 years of age for less than 24 hours a day and whether or not the facility is operated for propose.
"Food Service" means the preparation and/or serving of meals or snacks.
"Group" means a specific number of children, assigned to a specific staff member or members; each child in any group will have the following in common with every other child in his group (1) the same staff member or members responsible for the child's basic needs, and (2) the same classroom or activity space.
"Group Day Care Home" means a child day care facility which provides day care for more than six but not more than twelve unrelated children.
"Infant" means a child under the age of twenty-four months.
"License" means the document required to be held by an operator by Section 383 of the Act which authorizes operation of a day care facility in accordance with its terms, and with the provisions of the Act and this Chapter.
"Maximum Capacity" means the maximum number of children permitted in the facility at any one time, as provided in the license.
"Minimum Standards" means the rules and regulations for child day care facilities promulgated by the Department.
"Operator" means "director" as defined above.
"Parent" means the natural or biological parent or the legal guardian of a child.
"Person" means an individual, partnership or associates, public or private agency, or a corporation.
"Related" means any of the following relationships by blood, adoption, marriage or legal guardianship: siblings (brother, sister or step-brother-step sister), step-parent - step-child, parent-child, grandparent-grandchild, uncle or aunt - nephew or niece, first cousins.
"School Age Children" means children between the ages of six and fourteen.
"Supervision" means the act of caring for a child or group of children. This includes awareness of and responsibility for the ongoing activity of each child. Supervision requires physical presence, knowledge of activity requirements and children's needs, and accountability for their care.
"Training" includes, but is not limited to, workshops, reading, filmstrips, lectures, or times spent with consultants, and may be in such areas as child care, child development, early childhood education, first aid training, fire safety, or fire evacuation.
"Violation" means any infraction of minimum standards or the Child Day Care Facility Licensure Act.
A Day Care Center may be owned and/or operated by an individual, partnership, association, religious organization, corporation, or by a department or agency of the Government, whether or not for a profit. The owner or operator in the case of a corporation, the governing body, shall submit to the Department prior to licensure, a written statement setting forth the purpose and scope of the services to be provided by the facility.
In the case of a facility owned by a corporation, the facility shall file with the Department a copy of the articles of incorporation and the by-laws of the corporation and any amendments thereto.
Every facility shall have an operator or director who shall be responsible for operating the facility in compliance with the Act and this Chapter. Should the owner or owners of a facility be a different person from the operator or director, the owner or owners shall be jointly responsible for so operating the facility.
At lease one complete copy of the rules in this Chapter shall be available at the facility for review by parents, staff, and other persons.
The Department shall be notified immediately of any serious occurrence or emergency at a facility including but not limited to the following:
(b) Death of a child while attending the facility
(c) Serious accident or injury
(d) Detection or presence of any serious communicable disease.
The Department shall be notified immediately of any:
(a) Change in the director or operator of a facility;
(b) Change in the ownership of a facility. In the case of a corporation which owns a facility this requirement shall be construed to require notification in case of a change in ownership of 20% of the voting stock of the corporation or any change in ownership of the voting stock of the corporation which results in a change of majority control.
(c) Change in the chairman of the board of directors of any corporation which owns a facility;
(d) Change in location of a facility
(e) Permanent termination of the operation of a facility or the intent to do so;
(f) Temporary suspension of the operation of a facility or the intent to do so;
(g) Reduction or additions to indoor or outdoor space for the facility; and
The reporting requirements of the Virgin Islands Child Abuse and Neglect Law, 19 V.I.C. SS 171 et seq., apply to the operator, director, owners, and employees of Day Care Centers. In accordance with said law:
(a) When any operator, director, owner or employee of a flay care center has reasonable cause to suspect that a child has been subjected to abuse, sexual abuse, or neglect, or observes the child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, lie shall immediately report it to the Department.
(b) In the case of an employee required to make a report tinder subsection (a), the employee shall notify the operator of the known or suspected abuse or neglect and the operator shall also be responsible to make a report to the Department.
(1) Names and addresses of child, his parents or person responsible for his care;
(3) Nature and extent of the child's injuries;
(4) Name and address, if known, of person responsible for the injuries, sexual abuse or Neglect;
(6) Source of the report, including the name, occupation, and address of the person making the report;
(7) Any other information that the person making the report believes may further the purpose of the Child Abuse and Neglect Law.
(d) In accordance with law, any person required to report a case of known or suspected child abuse, sexual abuse or neglect, who knowingly fails to do so, shall be guilty of a misdemeanor and shall be fined no more than $500.00 or imprisoned not more than one year or both.
In accordance with law, Day Care Centers shall not discriminate against any child, employee, or other person on the basis of race, creed, color, national origin or citizenship.
All Day Care Centers shall have a telephone with a listed telephone number.
The Day Care (enter shall maintain a record on each child which shall include:
(a) The child's full name, birth (late, current address, and date of admission;
(b) The name of the child's parents, [ionic and employment address and telephone number of parents, and instructions as to where they may be contacted while the child is at the facility.
(c) The names, addresses, and telephone numbers of persons authorized to take the child from the facility, or to be contacted in the event of an emergency.
(d) Written authorization from parents for emergency medical treatment; and
(e) Written authorization from parents for the child to participate in field trips or excursions.
Records of enrollment and daily attendance shall be maintained for each child.
Every facility shall maintain a record for each staff member, including volunteers and substitutes, which shall contain:
(1) The employee's name, age, address, telephone number, and Social Security Number.
(2) A copy of a current food handler's card or health certificate issued in accordance with regulations of the Department of Health.
Every facility shall maintain a list of current staff, substitutes, and staffing pattern.
All records shall be made available during normal business hours to the Department at its request.
A Day Care Center shall make available to parents of prospective admittees a written statement of policies and goals which shall include the following:
(a) The objective and goals of the facility.
(b) The ages of children accepted, inclusion of exclusion of handicapped children and special services if handicapped children are admitted.
(c) The hours the facility is open.
(d) Procedures concerning admission and registration of children.
(f) Procedure for the handling of illness and emergencies of children.
(g) Procedure for transportation of children where provided.
(h) Procedure for release of children from the facility.
(a) The maximum number of children admitted to a facility at any one time shall be the number stated on the license as "maximum capacity". In determining maximum capacity the children of operator and staff members shall be included.
(b) No child under twenty-four (24) months shall be admitted to a Day Care Center.
(a) All staff members and the operator or director shall be of good moral character, shall demonstrate competency in working with children, and be mentally, physically, and emotionally able to care for children.
(b) No person convicted of a crime involving child abuse, child neglect, moral turpitude or a felony, shall be the owner, operator, employee, or volunteer staff member of a Day Care Center.
(a) The director or operator of a Day Care Center
(1) Shall be between the ages of twenty-one (21) years and seventy (70) years.
(2) Shall have a high school diploma or its equivalent.
(3) Shall have had training or experience in Child Development, Early Childhood Education, or a related field.
(4) Shall be of good moral character, which shall be attested to by at least three references from unrelated persons.
(b) With respect to directors or operators who held such positions on or before March 7, 1980, paragraph (2) and (3) of sub-section (a) above shall not apply.
(c) It shall be the responsibility of the director or operator to operate the day care center in accordance with the Act and with the rules in this Chapter.
(d) The director or operator shall ensure that all staff meet minimum qualifications, and shall provide orientation for all new staff, volunteers, and substitutes to acquaint them with the day care centers' philosophy, organization, program practices and goals. A written plan for this orientation shall be on file at the facility.
Paid staff members at a Day Care Center
(a) Shall be between the ages of eighteen (18) years and seventy (70) years.
(b) Shall have a high school diploma or its equivalent. A minimum of three years experience in a related early childhood program may be substituted for this requirement.
(a) All staff members over the age of 60 years, including the operator or director, shall have a current medical examination on file and obtain a medical report on forms prescribed by the Department, which shall be renewed annually.
(b) All staff members, including the operator or director shall have a food handler's certificate or health card which shall be renewed in accordance with regulations of the Department of Health.
The operator or director and every employee of a facility shall relate to the children with courtesy, respect, acceptance, and patience.
Volunteers under 18 or over 70 years of age may be permitted to work with the children, but may not be counted in the child/staff ratio.
A minimum of two training programs and/or workshops in the field of child development or related area shall be provided for staff each year. A written description of such training shall be kept on file at the facility.
At least one person must be available to substitute if a regular staff member is not in attendance. The substitute's name and telephone number, and current health card must be kept on file at the facility.
Each child shall have had a health examination, including laboratory work and any necessary immunizations, within sixty days prior to initial admission to a facility, and at least annually, thereafter. A medical report for each child, or a copy of the child's health record, stating the results of the examination shall be on file at the facility and shall be renewed and updated annually. The medical report or health record shall include the following:
(1) A record of up-to-date immunizations against polio, diptheria, pertussis, tetanus, measles, mumps and rubella, appropriate to the child's age, and in accordance with Public Health regulations. (See Appendix A)
(2) A record of laboratory work to verify that the child is free of parasites.
(3) A record of laboratory work to verify that the child is free of tuberculosis and urinary tract infection, and a record of tests for anemia and sickle cell anemia in accordance with Public Health regulations.
(4) Information and instruction for the care of each child who has a chronic or handicap problem, physical or emotional, such as seizures, asthma, diabetes, allergies, heart or respiratory illness and drug reaction.
(5) A recommendation that the child may participate in group care.
(6) The signature of licensed physician and the date of the report.
(a) Medications and special procedures shall be administered only as follows:
(1) Prescription medications shall be in the original container labeled with the child's name, a date, directions, and the physician's name. Medication shall not he administered after any stated expiration date.
(2) All non-prescription medication shall be labeled with the child's name and dated. All non-prescription medication, including aspirin or aspirin substitute, shall be administered to the child only when, approved in writing by health personnel or the child's parents and in accord with label instructions.
(b) Medications shall be kept out of the reach of children, or in locked storage.
(c) Medications requiring refrigeration shall be kept separate from food.
(a) Illness shall be handled to protect the health of ill children in the facility.
(b) There shall be daily observation of each child on arrival at the facility by a person capable of recognizing common signs of communicable disease or other evidence of ill health. A child who is apparently ill shall not he allowed at the facility until he is in good health. If the child becomes ill after arrival at the facility lie shall he given a bed or cot away from the other children, and the child's parents shall be called immediately. The child shall be supervised until he leaves the facility.
(c) Admission or readmission of any child who has recently suffered a communicable disease shall be allowed only if recommended in writing by a licensed physician. (See Appendix B)
(d) In case of illness or injuries occurring at the facility, a child shall be given first aid, if needed. In the case of critical illness or injury, the physician named by the parents shall be called. If necessary, the child shall be taken to the nearest medical facility emergency room.
(e) A first aid manual shall be readily accessible to all adults at the facility. Operator and staff members shall be knowledgeable of minimal first aid procedures Minimum first aid equipment shall be maintained and properly stored, not accessible to children. Each facility shall have the following minimum first aid supplies:
(a) The following emergency telephone numbers shall be posted by a telephone which is accessible to all staff members:
(1) Ambulance service or emergency medical services
(b) The following telephone numbers shall be in a place accessible to the telephone and shall be readily available to the staff:
(1) Numbers where parents may he reached.
(2) Number of the physician designated by the parents.
(3) Numbers where families and physicians of staff members may be reached.
(a) Animals at the facility shall be vaccinated according to the recommendations of a licensed veterinarian. Documentation of such vaccinations shall be filed at the facility.
(b) The facility and surrounding yard shall be kept free of stray animals.
When children are present, no person whose behavior or health status endangers the health, safety or well-being of the children may be allowed at the facility. No person with symptoms of contagious disease or physical or mental condition which would be harmful to the children or who appears to be intoxicated, may be allowed at the facility while children are present.
(a) In case of danger from fire, the first responsibility of the operator and staff of the facility shall be the evacuation of the children.
(b) All facilities must have an annual approved fire inspection.
(c) All facilities must have an adequate number of four extinguishers of fire pails as approved and determined by the Virgin Islands Fire Service. All fire extinguishers must be checked annually, and serviced as required. They shall be located where readily available and be in good working condition.
(d) A fire evacuation plan which has been approved by the Fire Service must be posted, and all staff members shall be instructed as to what to do in an emergency. Fire drills shall be held at unexpected times, and with sufficient frequency to familiarize all staff members and children with the procedure.
(e) Any building shall permit children fast and safe exit within three minutes of an emergency.
(1) Only the ground floor level of any building shall be occupied by children.
(2) The facility must have a minimum of two exits to the outside, located on different sides of the building. Exits must be kept free and clear at all times
(3) Doors shall be a minimum of thirty-six inches wide, and shall open outwardly. Doors opening into a fenced yard shall be maintained as to be easily opened from the inside by children. Doors shall not be locked when children are in attendance.
(f) All electric cords and appliances must be in safe, working condition. Wiring and electrical fixtures must be approved by the fire inspector.
(g) Gas appliances shall have metal tubing and connections, unless otherwise approved by the fire inspector Gas pipes shall be tested annually for leaks.
(h) Rubbish, trash, and other hazards must be cleared from basements, closets, or outdoor areas. Combustible materials shall be kept away from light bulbs and other heat sources.
(a) The Day Care Center shall have an approved annual sanitation inspection by the Division of Environment Health of the Department of Health.
(b) There shall be adequate light and ventilation in all areas of the center. Fixtures shall be shaded.
(c) There shall be an adequate supply of drinking water of a safe quality standard. Drinking water shall be available to the children at all times.
(d) The water supply, sewage disposal system, toilet and lavatory facility shall meet the requirements of the appropriate Division within the Department of Health.
(e) Adequate and clean water for flushing toilets and washing hands shall be available.
(f) Dishes shall be properly cleaned and sanitized after each use. Hot water shall be available for proper sanitizing of dishes.
(g) Paper or plastic plates and utensils shall be discarded after rise.
(h) Food service utensils arid equipment shall be clean and adequately stored.
(i) Hands of children arid staff shall be washed before and after use of the toilets.
(j) Garbage shall be emptied into standard containers, which shall be properly covered arid stored.
(k) Outside openings shall be screened or otherwise protected against the entrance of flying insects: Premises shall be free of rodents, vermin arid evidence of such.
(l) Beds, cots, or other furniture arid linens shall be clean and in good repair.
(m) Cleaning supplies, pesticides, medications, and other hazardous supplies shall be properly stored in a locked area.
(n) Clothing, toys, and supplies shall be clean and properly stored.
(o) Floors shall be clean and in good repair.
(p) No person with any infection, cold, or other contagious illness shall be involved in tire preparation or service of food.
(q) Each child shall have his own towel, washcloth, and other personal hygiene effects. Paper towels may be used but must be properly discarded after use.
(a) Facilities shall be in compliance with the Virgin Islands Budding Code, the Virgin Islands Zoning arid Subdivision Law, mid all other Laws and regulations concerning land use and building standards.
(b) Plans to erect new buildings, or to remodel existing buildings, shall be submitted to the Department of Public Works, or other appropriate government agency, for re view and approval in accordance with law.
(a) The buildings, grounds and equipment shall be repaired and maintained to protect the safety of the children.
(1) Electrical outlets accessible to children shall have child-proof covers or safety outlets.
(2) Electric fans shall be mounted out of children's reach or have safeguards that keep the children from being injured.
(3) Window air conditioners shall be installed so children cannot reach working parts. Where 220 volt window unit connections are within children's reach, a screen or guard shall protect the connection.
(4) Stairs and porches shall have railings the children can reach. Railings and other wooden structures shall be free of splinters.
(5) The play area shall be dry and free from sharp objects. Tanks, ponds, open wells, drainage ditches, sewage pipes, and machinery shall be fenced to keep the children out. Garbage cans and highly flammable material shall not be present in the play area.
(b) Indoor and outdoor equipment and supplies shall be safe for the children.
(1) Outdoor play equipment shall be away from busy areas in the yard, and shall be securely anchored, unless portable by design.
(2) Toys containing any explosive agency (such as 46 caps") or that tend to propel a missile of any description (such as "darts" or "BB's") shall not be allowed.
(3) Toxic substances, both indoors and out, shall not be accessible to children.
(c) Chlorine products shall never be combined with ammonion compounds, as they produce a poisonous gas when mixed together.
(d) Glass doors must be marked at a child's level to prevent accidents.
(a) In order to accommodate the individual differences in the needs of children enrolled, permit flexible groupings where necessary, and provide adequate adult supervision in cases of emergency, the following staff/child ratios and maximum group size shall be observed:
(1) If children are grouped together by mixed ages:
(2) If children are grouped by homogenous ages:
(b) Children of the operator and/or staff members shall be included in tire number of children under care in determining the staff/child ratio and maximum group in size.
(c) Volunteer staff members shall be excluded in determining the staff/child ratio.
(a) There shall be a minimum of twenty-five square feet of useable indoor floor space for each child. Kitchens, bathrooms, halls, arid storage areas may not be counted in the square footage per child.
(b) There shall be a minimum of forty-five square feet of useable enclosed outdoor play area Per child in any group rising tire play area at one time. The area shall be properly maintained and shall be supervised at all times
(c) Public playgrounds may be substituted for outdoor area if they are located within safe walking distance from fire center.
(a) There shall be a minimum of one flush toilet arid one lavatory for every fifteen children or fraction thereof.
(b) Tire center shall have inside toilets in bathrooms located and equipped so children can use them independently, and staff members can supervise when necessary. Bathroom doors shall have no locks within the children's reach.
(c) Potty chairs may be used, but shall not be counted in the ratio of children to toilets. They must be emptied arid sanitized immediately after each use.
(a) An individual covered cot, pad or bed shall be provided for each child in a full day program. Cots or pads shall be available for children who attend for less than four hours, and may become sick or tired.
(b) Provisions shall be made to keep each child's clothing and personal effects separate from those of other children.
(c) Furnishings shall be of appropriate size and height for children's comfort and reach.
(a) Equipment and materials shall be of sturdy, safe construction, easy to clean, and free of hazards which might be dangerous to the life or health of children. It shall be free of sharp points or corners, splinters, protruding nails, loose rusty parts, or paint containing lead or other poisonous substances.
(b) Indoor and outdoor equipment and materials shall be provided that are appropriate to developmental needs, individual interests, and ages of the children.
(c) There shall be a sufficient amount of equipment and materials so that there is not excessive competition among the children or long waits for materials. Equipment shall include, but not limited to:
(5) Blocks and block accessories
(7) Dramatic play materials including homemaking equipment and dolls
(a) The program of the center shall meet the basic developmental needs of the children enrolled. Children shall be supervised at all times.
(b) There shall be a written plan of daily activities which reflect the ages, interests, and abilities (of the children.
(c) There must be daily indoor and outdoor periods, weather permitting, which provide for:
(1) Alternating active and quiet activities; and
(2) Opportunity for individual, small, and large group activities.
(d) Physical care routines appropriate to the developmental needs of the child shall include a supervised nap or rest period for children who remain at the facility for more than four hours. Children who are at the facility for less than four hours shall be granted a rest period if desired.
(e) The children's safety shall be ensured on feared trips or excursions. Children shall be accounted for before, during, and after field trips or excursions.
If a facility arranges for or provides transportation to or from the facility, or on field trips or excursions, the following rules shall apply:
(a) Any driver of a vehicle must have a valid driver's license, and the vehicle must conform with law and with the rules and regulations prescribed by the Department of Public Safety.
(b) Children shall be seated, with available seat bells fastened when the vehicle is in motion
(c) Children shall be loaded and unloaded at the curbside of the vehicle or in a protected parking area or driveway.
(d) A first aid kit shall be in all vehicles transporting children.
(c) Children shall not be transported in the open back of a truck.
(f) The vehicle and passengers shall be adequately insured at all times.
(a) If a child with special needs is admitted, the facility shall consult with the child's parents, the child's source of professional health care, or where appropriate, other health and professional consultants, and develop a plait of care and program that meets the child's needs.
(b) The appropriate staff of the facility shall receive proper instructions as to the nature of the child's disability, potential for growth and development, and his relationship to the center, family, and others around him.
(c) Where the nature of the special need, or the number of children with special needs warrant added care, the facility shall add sufficient staff and equipment as is necessary to meet the child's needs.
(a) If children of school-age admitted to center:
(1) A separate area, which includes study space for those children who wish to study, shall be provided.
(2) Provision must be made for those children who wish to take a nap.
(b) Where adequate space and staff exist, children under seven years of age may be part of a preschool group.
Any Day Care Center offering care after 7:00 P.M., but for less than twenty-four hours, shall have approval front the Department and shall provide program modifications for the special needs of children during the night. The following requirements shall apply:
(a) Bedtime schedules shall be established for children in consultation with their parents.
(b) Sleeping equipment shall be appropriate to the age and size of each child. Each child must have his own bed or cot, which shall include a mattress or pad, clean linens and cover, and a pillow.
(c) Staff members shall be awake at all times, and shall be within listening distance in order to provide for the needs of children and respond to in emergency.
(d) A program of quiet and restful activity shall be provided for each child arriving before bedtime.
(e) Meals shall be served to children who are in the facility at ordinary meal times and who have not been served an evening meal before arriving or who remain through time for serving breakfast. A bedtime snack shall be offered.
(f) Sleeping areas shall not be completely darkened at any time.
(g) No child shall be allowed to remain sleeping in a wet bed. Sheets shall be changed after each wetting.
(a) If a center admits children on an irregular or drop in basis, the same requirements shall be met as apply to children enrolled on a fulltime basis.
(b) Attendance records shall include children to whom drop-in service is provided. The number of children in the center at any one time shall not exceed the maximum capacity specified on the license.
(a) If a Day Care Center provides opportunities for beach trips or other water activities, children shall be supervised at all times, by at least one adult who holds a current life-saving certificate, and additional staff members who are able to swim.
(b) A method for supervising children in the water shall be established and enforced.
(a) Discipline and guidance shall he consistent, shall be based on an understanding of individual needs and development, and shall promote self discipline and acceptable behavior. (See Appendix E for suggested disciplinary guidelines)
(b) No child shall be subject to corporal punishment, verbal abuse, ridicule, or threats. Punishment shall not be associated with food, naps, or toilet training.
(c) Children shall not be punished for toilet accidents or bedwetting.
(d) Children shall not be placed in a locked room. When a child is removed from the group for disciplinary reasons, lie must never he out of sight of a staff member.
(e) Children shall not be humiliated or subjected to abusive or profane language. Derogatory remarks about the children or their family members shall not be made in the children's presence.
Children who are in the facility for more than four hours, shall receive a meal which shall not he less than one-third of their daily food needs. Nutritious meals, and mid-morning and mid- afternoon snacks shall be offered at suitable intervals to prevent hunger and/or fati6nic.
Meals may be provided by the parent(s) upon agreement between the parent(s) and the facility, however, in the event of such agreement, the operator shall provide the parent(s) with a list of nutritious items which should go into a bag lunch. The facility must have a means for providing a nutritious meal to a child whose parents fail to send a nutritionally adequate lunch.
If meals and snacks are provided, food must be procured from approved sources, and must be properly prepared and stored.
If meals are provided by the facility, approved menus shall be posted in a conspicuous place. (See Appendix C & D)
(a) The rules in this Chapter shall take effect 30 days after they have been published and delivered to the Legislature, in accordance with Act No. 4464.
(b) Nothing in this section shall be construed to prohibit the Governor from cf-r1ifying that the public interest requires the rules in 1his Chapter to become effective without the delay of prior publication in accordance with Title 3, Section 9311 of the Virgin Islands Code, provided that 1hey shall not become effective before thirty day's after they have been delivered to the Legislature.
*Polio not given after 18 years of age unless visiting endemic area.
**Mumps, Single dose up to age 7 years. MMR not over 10 yrs.