The State of Vermont is committed to ensuring that all of its programs and facilities are accessible to all members of the public, and that all activities and programs are non-discriminatory in design, application, and performance. The State of Vermont is an equal-opportunity employer and does not discriminate on the basis of race, creed, color, national origin, gender, age, handicapping condition and/or disability, or sexual orientation.
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These regulations are issued pursuant to 33 V.S.A. §306(b) § 3502(d)
These regulations reflect the current requirements of many state statutes related to the health, safety and welfare of Vermont's children. Laws do change. Licensees must comply with all of Vermont laws including related health, safety or welfare regulation. To the extent that the new laws become more stringent than these Family Child Care Licensing Regulations in the future, licensees should comply with the new laws. For example, if seat belt and child restraint laws become stricter, licensees would be required to adhere to the new law.
AIDE- A volunteer or unpaid person present and assisting in the Licensed Family Child Care Home.
CHILD- Person who has not yet reached the age of sixteen years.
CHILD CARE - The developmentally appropriate care, protection and supervision which is designed to ensure wholesome growth and educational experiences for children outside of their home for periods of less than 24-hours a day.
COMMISSIONER- Commissioner of the Department of Social and Rehabilitation Services or his/her designee.
CONDITIONS OF THE LICENSE- Requirements that must be met in order to retain a license.
CONFIDENTIALITY- The protection of personal information from persons who are not authorized to see or hear it.
CORPORAL PUNISHMENT- The intentional infliction of pain by any means for the purpose of punishment, correction, discipline, instruction or any other reason.
CURRICULUM- A set of activities and experiences consistent with the developmental needs of young children.
DEPARTMENT- The Vermont Department of Social and Rehabilitation Services, Agency of Human Services and/or its agents.
DEVELOPMENTALLY APPROPRIATE- Activities and interactions that recognize and address the physical, emotional, social, and cognitive stages of each child.
DIRECT SUPERVISION - Constant visual supervision, in the same room or outdoor play area, of a trainee, volunteer or person 16 and 17 years of age who assist in the program.
DISCIPLINE- A process of guiding children to develop internal pro-social behavior through supportive consistent use of the following: modeling appropriate behavior; praise, active listening, limit setting, re-involvement and modifying the environment.
DIVISION- The Child Care Services Division of the Vermont Department of Social and Rehabilitation Services.
EARLY CHILDHOOD FACILITY- Any place, operated as a business or service on a regular or continuous basis whether for compensation or not, which provides child care.
EARLY CHILDHOOD PROGRAM ASSESSMENT TEAM - A group of parents and representatives from early childhood programs and community support agencies who are brought together for the purpose of assessing and improving program quality.
FAMILY CHILD CARE LICENSING REGULATIONS: Regulations pursuant to 33 V.S.A. § 306 (b) and 33 V.S.A. § 3502 (d).
HIGHER EDUCATION COURSE- A three credit course or equivalent which could apply toward acquiring a post secondary degree in Early Childhood Education, Elementary Education, Human Development or other related field.
HUMAN SERVICES COOP STUDENT- A person 17 years of age who is (1) enrolled in a technical center approved by the State Board of Education, (2) has successfully completed at least one semester of early childhood course work or a minimum of 180 hours in a child development theory and lab school practice.
HUMAN SERVICES GRADUATE - A person who has received a certificate of completion from a technical center human services program, emphasizing child development/early childhood education and is approved by the State Board of Education.
INDIVIDUAL PROFESSIONAL DEVELOPMENT PLAN (IPDP) - A personalized plan for increasing one's knowledge and improving skills by assessing current knowledge and skills, identifying specific areas for improvement, developing strategies and resources to address those areas and providing opportunities to reflect and demonstrate personal growth.
LICENSE- An official document which certifies that a licensee has been granted permission by the State to operate an Licensed Family Child Care Home in accordance with the provisions of the law and regulations of the department.
LICENSED FAMILY CHILD CARE HOME - An early childhood program licensed for up to 12 children in the residence of the licensee where the licensee is one of the primary caregivers.
LICENSED SPACE- The indoor and outdoor space approved by the Division as usable space where children may be present.
LICENSEE- The person, corporation or other legal entity named on the license certificate as having received the license and who is responsible for maintaining compliance with the regulations.
NON-RECURRING SERVICES- Licensed Family Child Care Homes designed to meet the short-term needs of families arising from tourism, recreation or shopping.
PARENT - A child's parent or legal guardian.
PARENT EDUCATION PROGRAM- A program which provides an intentional level of training and supervision of parents in order for them to actively assist in the implementation of an early childhood program.
PARENTAL NOTIFICATION LETTERS-A written notification from the licensee to the parent(s), sent by mail, as required by 33 V.S.A. § 306(7) indicating that a staffing or serious health or safety violation had been identified by the Division.
PLAY GROUP- An educational and socialization opportunity for children and their parents (or caregivers). Playgroups are exempt from licensure.
PRIMARY STAFF PERSON- The staff person responsible for facilitating and nurturing a child's cognitive, social, emotional and physical growth and development and the person responsible for communicating the child's daily activities to the child's parent.
PROFESSIONAL DEVELOPMENT ACTIVITY- Interactive developmental activities in the areas of: child development, learning environments, effective teaching and nurturing, parent partnership, ethics and professional behavior, program management, child health, prevention and safety. These activities include but are not limited to workshop training sessions, course work, site visit to other programs, a mentoring session, lecture/presentation, or acting as a member of an Early Childhood Program Assessment Team assessing compliance to these regulations.
PROGRAM DIRECTOR- The licensee and the person responsible for managing the program design and curriculum.
PROVISIONAL LICENSE- A non-renewable license issued by the department for a period of not more than one year to an applicant who has submitted an application for the licensure of a facility not previously licensed. A provisional license may be if the Department finds that an applicant's facility, staff, program, or other matter is not in full compliance with these regulations, but is likely to achieve full compliance within a predetermined time period set by the Division, not to exceed one year.
RECREATION PROGRAMS- Programs exempt from licensure pursuant to 33 V.S.A. §3502(b) that operate for no more than four hours one day a week or not more than two hours two days a week whose primary function is other than the care, supervision and protection of children; or operate 13 consecutive weeks or less which provide a variety of activities including, but not limited to athletics, and arts and crafts to children who have completed kindergarten or who will reach their sixth birthday by September 1St of the enrollment year; or operate part day programs less than four hours per day and thirteen weeks or less per year providing a variety of activities including but not limited to athletics, arts or crafts and socialization to children age three, four and five; or programs which provide for the development of a single skill based on activity such as skiing, pottery making, computer operation, tennis or musicianship for children ages four years and older.
REVOCATION- The formal act of closing an early childhood facility due to violations of these regulations or related statute. A facility may continue to operate during a revocation action pending an appeal to the Human Services Board.
SERIOUS VIOLATION- A violation of group size, staffing requirements or any violation which immediately imperils the health, safety or well-being of children. Serious violations may also include corporal punishment, lack of supervision, physical or sexual abuse or health and safety requirements.
STAFF- Persons who have direct responsibilities for the operation of the program or the care and education of children.
SPECIAL NEEDS CHILD- A person under the age of nineteen (19) who is eligible for special education services in accordance with an Individualized Education Plan (IEP) or 504 Plan and who is not capable of safely caring for him/herself; or (b) A person who is age 13 or older who has a documented physical, emotional, or behavioral condition that precludes the person from providing self-care or being left unsupervised, as verified by the written report of a physician, licensed psychologist, or court records.
SUPERVISION OF CHILDREN- The knowledge of and accounting for the activity and whereabouts of each child in care and the proximity of staff to children at all times assuring immediate intervention of staff to safeguard a child from harm.
SUSPENSION- The formal act of immediately removing a license to operate due to the immediate imperilment of the health, safety or well being of a child.
TERMS OF THE LICENSE - The location, number and ages of children, hours and days of operation and expiration date listed on the license certificate issued by the Department or by. subsequent Departmental action.
USEABLE SPACE- The space described by the application, which has been inspected and approved by the Division. All other space is not useable space.
VARIANCE- An exception to a regulation granted by the Commissioner in circumstances when, in his/her judgment, the literal application of a regulation would result in unnecessary hardship and when the intent of the regulation can be achieved by other means.
VERMONT FRAMEWORK OF STANDARDS AND LEARNING OPPORTUNITIES
Standards developed by the Vermont Department of Education to provide practical, useful reference points for the development of local curriculum and assessment. The Standards identify (1) essential knowledge and skills that the Vermont Department of Education expect to be taught and learned in schools and (2) behaviors and attitudes related to success in and outside of schools.
1. The program director shall manage the program design and curriculum to ensure the provision of developmentally appropriate activities and materials.
2. The program and curriculum* shall provide developmentally appropriate activities, and materials in sufficient quantity and variety to meet the needs and interests of children being served.
The curriculum* shall promote:
a. social skills (for example: opportunities for sharing, caring and helping);
b. positive self-concepts (for example: encouraging children to draw pictures and tell stories about themselves and their families);
c. language and literacy (for example: reading books, songs, conversation, story telling, scribbling and drawing);
d. physical development in both indoor and outdoor settings, strengthening large and small muscles and encouraging eye-hand coordination, body awareness, rhythm, and movement (for example: finger plays, obstacle courses and puzzles);
e. sound health, safety and nutritional practices in the daily routine (for example: handwashing and giving opportunities to help prepare and serve food);and
f. creative expression and appreciation for the arts (for example: creating art work as process rather than product, dance, movement, dramatic play, music and materials that represent a variety of cultures).
3. The program and curriculum* shall provide:
a. individual, small group and large group activities;
b. children with many opportunities for success through open-ended activities (for example: blocks, play dough and sand/ water and praising effort, not just results;
c. an environment of respect for individual and cultural diversity (for example: acknowledging and respecting each child 's unique qualities and integrating positive cultural experiences into daily activities);and
d. opportunities for children to solve problems, initiate activities, experiment and gain mastery through learning by doing.
4. Children shall be provided with opportunities to explore science, dramatic play, music, language arts and mathematical concepts.
5. There shall be a balance between staff-directed and child-initiated activities. Staff voices shall not dominate the overall sound of the group.
6. Infants and toddlers shall have ample opportunities to move about freely in a safe area. When infant chairs, infant/toddler swings, high chairs or playpens are used for supervised play usage shall not exceed 1/2 hour period for every 3 hour interval.
7. If television/video viewing occurs it shall not exceed 5 hours per week and shall be:
d. Age-appropriate alternatives shall be available when television/video viewing occurs.
8. Outdoor play equipment shall be available and appropriate for the number and ages of the children.
* This may be linked to the Vermont Framework of Standards and Learning Opportunities.
1. The program shall be designed to meet the strengths, interests and needs of each child.
2. The program and curriculum shall provide all children enrolled in the program equal opportunity to participate in all activities appropriate to their age/development.
3. Program staff shall follow modifications and emergency procedures related to enrolled children with special needs which shall be developed in consultation with the child's parents and program/agencies providing services to the child.
4. When the program has a policy to provide Non-recurring Services, a plan shall be in effect which will provide orientation for staff regarding special considerations for the care of children attending on a non-recurring basis. Considerations included: consoling and transitioning the child into the group, immunization status, security and identification. A copy of the plan shall be submitted to the Division annually upon reapplication.
5. The staff shall demonstrate the program's commitment to continuous learning and improvement by performing an annual assessment of the program.
1. Each child shall be assigned a primary staff person.
2. Each child shall be treated with consideration and respect, and with equal opportunities to take part in all developmentally appropriate activities.
3. Staff shall appropriately hold, touch and smile at children.
4. Staff shall speak clearly to children at their eye level.
5. Staff shall be available and responsive to children, encouraging them to share experiences, ideas and feelings. At least one adult shall sit with children during meals and snacks.
6. Staff shall listen to children with attention and respect.
7. Children shall be attended to when they cry.
8. Nurturing activities performed by the staff, including diapering, toileting, feeding, dressing and resting shall be performed in consideration of the parent's own nurturing practices when developmentally appropriate and would not constitute a violation of these regulations. These activities shall be performed in a relaxed, reassuring and individualized manner which is developmentally appropriate and promotes the child 's learning self-help and social skills.
1. Each child shall be visually supervised in person at all times by staff (except sleeping infants who are subject to in-person checks every 15 minutes - see V.D. 3) Children must be visually supervised while napping/resting.
2. Outdoor play areas shall be under the supervision of staff interacting with the children.
3. Children shall be protected from the harmful acts of other children.
1. In determining the staff/child ratios, only those staff members working directly with the children a minimum of 90% of their assigned duty time shall be counted. (These staff members shall only be counted when they are readily available on the premises.)
2. The Family Child Care Licensee's and the Family Child Care Assistant's own preschool or homebound children with special needs shall be included in the total number of children in care.
3. The following ratios and numbers shall apply:
a. a second staff person is present and on duty when the number of children receiving child care exceeds six (6); and
b. there are no more than two children under 24 months of age per staff person; or, when children only under age 3 are enrolled:
c. there is at least one staff present and on duty when 3 or fewer children are in care; and
d. there are at least two staff persons present and on duty when 4-7 children are in care; and
e. there are at least three staff persons present and on duty when 8 or more children are in care.
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Note: Assessment helps shape teaching practice, supports-children's strengths and abilities and is respectful of the many ways that children learn. |
1. There shall be documented evidence of continuing observation, recording and evaluation of each child 's growth and development.
2. The child's parents, and at the parents' choice, representatives from other agencies/programs providing services to the child, shall have opportunities to contribute to the individualized program for that child.
1. Staffs expectations of children's social behavior shall be appropriate to each child 's level of development. Guidance shall be designed to meet the individual needs of each child.
2. Staff shall use positive methods of guidance and discipline that encourage self-control, self-direction, self-esteem and cooperation (for example, redirection, planning ahead to prevent problems, reinforcing and praising appropriate behavior and encouraging children to express their feelings and ideas instead of solving problems with force).
3. Derogatory or humiliating remarks made by staff in presence of children or families are prohibited.
4. No employee, volunteer or parent shall use any form of inappropriate discipline or corporal punishment such as, but not limited to:
a. hitting, shaking, biting, pinching;
b. restricting a child 's movements through binding, tying, or use of any other mechanical restraint;
c. withholding food, water or toilet use;
d. confining a child in an enclosed or darkened area, such as a closet or a locked room; or
e. inflicting mental or emotional punishment such as humiliating, shaming, threatening, or frightening a child.
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Note: The standards and practices listed-here are minimum qualifications and criteria for licensing purposes. Requirements for individual .programs may vary and exceed licensing requirements. |
1. Staff who are employed at a licensed program prior to the effective date of these rules may continue their current position at that program providing they obtain annually a minimum of 12 (clock) hours of professional development activities which may be applied toward their Individual Professional Development Plan (IPDP).
2. All staff members who work with children shall have a basic knowledge of child development principles appropriate for their position.
3. All staff counted in the staff/child ratio shall meet or exceed the qualifications for one of the following positions:
Position: Family Child Care Licensee/Program Director Qualifications: High school diploma or equivalent, at least 18 years of age and:
- Child Development Associate (CDA), Certificate of Completion of the Registered Child Care Apprenticeship Program, or AA, BA, in child development (or related field which includes at least 4 courses successfully completed in child development), and
- two years of successful experience operating a state regulated family child care home.
Annual Professional Development Requirement: Minimum of 12 (clock) hours of Professional Development Activities, which may be applied toward meeting the Family Child Care Licensee's Individual Professional Development Plan (IPDP).
Position: Family Child Care Assistant
Qualifications: A person over 18 years of age who has at least one (1) year of successful experience working with young children in a regulated facility and one (1) 30 hour course in child development topics approved by the Division to be completed within one year.
Annual Professional Development Requirement: Minimum of 12 (clock) hours of Professional Development Activities, which may be applied toward meeting the Family Child Care Assistant's Individual Professional Development Plan (IPDP).
1. Each program shall have a program director who is present more than half of the time children are present.
4. All staff counted in the staff/child ratios shall be at least 18 years of age.
5. Persons between 16 and 18 years of age who assist in the program shall:
a. be under the direct supervision of the Family Child Care Licensee or Family Child Care Assistant
b. not be counted in the staff/child ratios; and
c. not be left alone with children.
8. Each staff shall have a written work, education, training and experience history on file that documents the staff member's ability to perform the duties in his or her job description.
9. All staff who work with children shall be actively engaged in professional development activities as specified in their Individual Professional Development Plan (IPDP). Annual professional development activities required by Section A must have representation from at least two of the activities listed under Professional Development Activities in the Definition Section at the beginning of these requirements.
10. Within six months of hire, all paid staff counted in the staff/child ratios shall have obtained training in basic first aid for children, injury prevention and emergency readiness.
11. At least one staff person shall be present who is certified in Infant/Child CPR. By 1/1/02 all paid staff shall obtain training in rescue breathing, airway obstruction and infant/child CPR from the American Red Cross, American Heart Association or other state recognized organization providing equivalent training.
12. All persons who have contact with children shall have no history of child abuse or criminal activity that would disqualify them. The following persons may not operate, reside, be present at, or be employed at a licensed program:
a. persons convicted of fraud, felony or an offense involving violence or unlawful sexual activity or other bodily injury to another person including, but not limited to abuse, neglect or sexual activity with a child ; or
b. a person found by a court to have abused, neglected or mistreated a child, elderly or disabled person or animal; or
c. adults or children who have had a report of abuse or neglect substantiated against them under Chapters 49 & 69 of Title 33 Vermont Statutes Annotated.
13. Persons prohibited by Number 12 above may be present or be employed in a Licensed Family Child Care Home only when the licensee and the person involved obtains a waiver from the prohibition by submitting evidence acceptable to the Commissioner which shows suitability or rehabilitation sufficient to warrant their participation or presence in the program.
14. Parents of children enrolled in the facility who would be otherwise prohibited under Number 12 above, but are participating in prevention or parent education programs within the facility, may be present at the facility as long as they are visually supervised at all times by the staff of the facility.
15. Parents with a history of child abuse or criminal activity as defined in Number 12 above may be present to drop off and pick up their children and may participate in program activities provided they are under continual visual supervision by staff. They may not be left alone with children nor counted in the staff/child ratio.
16. All staff working with children shall be able to comprehend basic written format.
17. Informational material relative to the care, development and education of children published or distributed by community resources agencies and other relevant sources shall be made accessible to all staff.
18. Substitute staff members and full-time aides can be on duty for more than three days only if the program has on file at least three references that attest to the person's competence to perform the duties assigned. Parents of children attending the program are not subject to this provision unless they are being counted in the staff/child ratio.
1. All staff shall be provided with opportunities for professional development annually. (See Professional Development Activities in Definitions section.)
1. The licensee shall be responsible for compliance with these regulations and shall operate the facility at all times within the terms and conditions of the license.
2. The number of children served by the Licensed Family Child Care Home at any one time shall not exceed the maximum number of children for which the facility is licensed.
3. The licensee shall not sell or otherwise transfer the license to another individual, organization or corporation.
4. The license is valid only for the location listed on the license.
5. The licensee shall not alter or tamper with the license certificate or cause another to alter or tamper with the license certificate.
6. The license and a copy of current Family Child Care Licensing Regulations shall be posted in the facility where parents and the staff can see and read them.
7. The licensee shall not represent or give the impression that the Licensed Family Child Care Home and/or its services are otherwise than as defined by the license certificate and the limitations of these regulations.
9. When the Division grants a license based on the CDA credential of the program director, the program director must maintain a valid (not expired) CDA credential.
13. During the hours of operation the facility shall be used only for the purposes of early childhood program services or training.
14. The licensee or licensee's agent shall inform all staff of revisions in these regulations within 30 days following their effective date.
15. The licensee or the licensee's agent shall not deny a child's entry into the program because of race, creed, color, national origin, disability, gender or the child 's parents' marital status or sexual orientation.
16. Each program shall carry liability insurance of a reasonable amount for its own protection. Evidence of insurance coverage shall be provided to the Division upon licensing and relicensing. Automotive insurance covering property damage, bodily injury and liability shall be carried.
17. The facility shall meet all applicable requirements of the Department of Labor and Industry and the Agency of Natural Resources, the Americans with Disabilities Act and the Federal Pro-Children Act of 1994.
18. As of the date of application or reapplication, the applicant/ licensee shall certify that he/she is in compliance with 32 V.S.A., §3113 by being in good standing with respect to, or in full compliance with a plan approved by the Commissioner of Taxes to pay, any and all taxes due the State of Vermont.
19. As of the date of application or reapplication, the applicant/ licensee shall certify that he/she is in compliance with 15 V.S.A. §795 by being in good standing with respect to, or in full compliance with a plan approved by the Vermont Office of Child Support to pay any and all child support due the State of Vermont.
20. Prior to initial licensure of an existing building an assessment shall be performed by a person certified by the Vermont Department of Health to determine (1) if Asbestos Containing Material (ACM) is present; and (2) if ACM is present, to ascertain the condition of such material. A copy of the assessment shall be made part of the initial application. If abatement recommendations (repairs, enclosure, encapsulation, or removal and clean up) are made, the Vermont Department of Health Asbestos Control Program shall be notified by the applicant and, if warranted, a site visit may be made by a Vermont Department of Health representative to determine the necessity of the recommendation.
21. If the facility was constructed prior to 1978, and has not been determined to be lead free by an inspector licensed by the Vermont Department of Health, the licensee shall comply with the requirements of 18 V.S.A. Chapter 38 (Childhood Lead Poisoning Prevention Law) prior to licensure and shall assure that essential maintenance practices have been performed and will continue to be performed annually as required by law (See V. R.).
22. A state licensed family child care home serving no more than six full-time children and four parttime children, shall be considered to constitute a permitted use of property but may require site plan approval based on local zoning requirements. A state licensed family child care facility serving more than six full-time and four part-time children may, at the discretion of the municipality, be subject to all applicable municipal zoning bylaws. Zoning approval shall be properly recorded in the municipal office in which the facility is located.
1. Written information shall be provided to parents and shall include:
b. a policy regarding the reporting of suspected child abuse and/ or neglect;
c. a description of religious activities, if any;
d. a schedule of fees and payment plans;
e. a statement allowing parental freedom of access to the facility, the child 's records and the staff;
f. an explanation of program confidentiality policies;
g. a description of the program which sets forth the philosophy and methods employed to reach developmental goals for children and families;
h. policies related to the inclusion of children with special needs and disabilities;
i. a description of how to have Internet access to view these regulations and access to early childhood program information;
j. requirements for maintaining accurate and up to date immunization records;
k. off site activity (field trips) policy;
m. a policy regarding inclusion and exclusion of ill children in Licensed Family Child Care Homes;
n. check in check out procedures;
o. information concerning complaint procedures;
p. Child Care Consumer Concern Line telephone number (1-800-540-7942).
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Note: Best Practice is to encourage parent to address concerns and/or complaints with the child s primary staff person and/or prom director. |
2. When the program's policy is to admit children on a non-recurring basis all parents shall be notified of the policy. The policy shall inform all parents that children attending on a non-recurring basis may not be immunized.
3. Written parental permission shall be obtained prior to making professional referrals.
4. Written procedures shall be established for:
b. daily communication with parents about their child's activities;
c. storage and administration of medications;
e. emergency procedures including staffing emergencies, evacuation plans, sick or injured children and medical emergencies;
f. Emergency Response Plan for disasters (See V.E.8.).
g. excluding persons whose presence is prohibited by these regulations;
i. assuring children have an extra set of clean clothes available;
j. child discipline and guidance;
k. complaint and grievance procedures;
I. religious activities (if any);
n. reporting suspicion of child abuse and neglect;
o. parental freedom of access;
p. curriculum development policies and responsibilities; and
q. staffing including opening and closing.
5. Staff shall be trained in and have available to them the program's philosophy and all written procedures listed in Number 4 above.
6. All written policies and procedures shall be reviewed annually and revised when necessary.
7. Staff shall be physically able to perform their duties. The Licensee shall ensure that staff members who have contagious illness, or who are incapacitated by illness, extreme fatigue, or any other condition that limits their ability to work with children, shall not do so until their condition has improved. Staff members who are suffering from a contagious illness shall only return to work after their illness has been treated to a point that it is no longer contagious, or after a medical authority has indicated that it is safe for them to work with children again.
8. No person shall be present at the program while under the influence of alcohol or any other drug which impairs their ability to work safely with children.
9. A person shall be prohibited from the facility when his/ her presence or behavior disrupts the program, distracts the staff from their responsibilities, intimidates or promotes fear among the children, or when there is reason to believe that his/her action or behavior will present children in care with risk of harm.
10. A child shall be released only to persons authorized by the parent/guardian. When a person authorized to pick up a child (see 13 e. below), is unknown to the staff, their identity must be verified prior to releasing the child.
11. When an emergency request is made by a parent for the child to be picked up by someone not listed in 13 e. below there shall be a system to verify the identity of both the parent caller and the person being authorized to pick up the child. Staff shall document in writing emergency calls and information regarding the identity of the person authorized to pick up the child.
12. A child shall be released to either parent unless there is a court order which prohibits release to a particular parent. A copy of the court order shall be at the facility.
13. Prior to admission, each child's file shall contain the following:
a. a completed child 's admission form which is signed and dated by the parent;
b. child 's complete name, birth date and date admitted;
c. full name of parent(s), home and daytime telephone numbers (if applicable) and address;
d. name, address and home and daytime telephone numbers of two persons to contact in an emergency if the parent cannot be reached;
e. name, address, home and daytime telephone numbers of persons, if any, authorized to pick up the child;
f. name and telephone numbers of child 's health care provider and dentist;
g. description of child 's health history, current medications, allergies, special dietary requirements and other identified special need(s);
h. signed permission by parent to authorize emergency medical care and associated transportation.
i. completed immunization form listing types and dates of immunizations.
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Note. The immunization form may be a photocopy of the child's original immunization record. |
The immunization form must attest that the child has been immunized in accordance with the schedule of immunization determined by the Vermont Department of Health, or a statement which attests that:
I. the child has not been immunized because the immunization is medically contraindicated, or
II. the child has not been immunized because to do so would interfere with the child 's or families moral or religious beliefs, or
III. the child has been immunized according to the schedule except for specifically named immunizations listed in the statement. The statement shall attest that these immunizations will be given within a reasonable stated period of time. A child shall not receive care at the facility after the stated period of time has lapsed unless there is a written statement that the child has received all immunizations required by the schedule.
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Note: Programs need not have immunization records for children who are attending on a non-recurring basis. |
14. Records and information required by Number 13. above shall be kept at the licensed family child care home facility.
15. Reports of the immunization status of each child shall be reported to the Vermont Department of Health upon request.
16. Daily attendance records, listing the dates and hours of attendance for each child, shall be maintained on the premises and kept up-to-date for a period of at least the previous 12 months.
17. When a child is no longer enrolled the date of the child 's withdrawal shall be recorded in the child 's file. The child 's file shall be maintained at the facility for at least 12 months from the child 's last date of attendance. After 12 months the file may be destroyed or returned to the parent. The child 's file shall be made available for review by the child 's parents during this period.
18. A child 's presence in the facility shall always be documented by using a Time-in and Time-out procedure for each child in attendance.
19. The child 's parent and the Division shall receive a written report within two working days of an incident or injury that required the services of a medical professional, including a dentist, which occurred while the child was in attendance.
20. Any incident where a child is bitten by an animal while in attendance shall be reported to the Division and the State Public Health Veterinarian at the Vermont Department of Health (1-800-4-RABIES).
21. The licensee shall submit a written report to the Division within 48 hours of a fire that required the use of a fire extinguisher and/or the services of a fire department.
22. Staff shall observe confidentiality in regard to child /family records and family information. Confidential conversations regarding children/families or collaborating agencies shall be made in private.
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Note: Cordless phone conversations may be overheard by third parties. The use of digital cordless phones with ratings of 900mhz or 2.4ghz minimize opportunities for calls to be overheard. |
23. Upon the Department's request all reports and notices issued by the Department shall be conspicuously posted near the license certificate for a length of time determined by the Department or mailed to individual parents.
24. Written parental permission shall be acquired for field trips. Parents are to be notified in advance when vehicles are to be used. (See V. V.1.) Parents may grant general authorization for walking field trips.
25. All records and reports required by these regulations shall be maintained in an up-to-date manner at the facility and are subject to inspection by and/or surrender to the Department upon request.
1. Applicants for a license shall submit completed Licensing Records Check Forms to the Division prior to the initial licensing.
2. The licensee or designee shall submit a completed Licensing Records Check Form upon employing a person, arranging for the presence of an aide, substitute or other person who will have contact with children in the Licensed Family Child Care Home.
3. Upon relicensing, the licensee or designee shall complete and submit the Division's completed Licensing Records Check Form for staff, aides, substitutes and other persons who have contact with children in the Licensed Family Child Care Home.
4. A completed Licensing Records Check Form shall include the person's full and complete name(s), date of birth, social security number, home telephone number, name of child care program and the signature of the person subject to the record check.
5. Each newly hired staff member (even those not employed in direct care) shall have at least three positive written references from people who are not their relatives. These references may be taken over the telephone by representatives of the program from persons who are unrelated to the potential staff person which attest to his/ her ability to perform the duties required by the job description. Each reference obtained over the telephone shall be dated and signed by the program's representative and shall include the name and the telephone number of the person who gave the reference.
6. There shall be a written job description for each staff position. The person responsible for supervising and evaluating the position shall be identified in the job description. All staff members shall receive supervisory feedback on a regular basis.
7. At least once a year, each staff member shall receive a performance review from his/ her supervisor. Performance recommendations shall be incorporated into the persons Individual Professional Development Plan (IPDP).
1. Staff shall be made aware that Vermont State law requires them to report all suspected incidences of child abuse and/or neglect to the Department within 24 hours.
2. There shall be a written policy which is known to the licensee and to all staff which requires them to report or cause a report to be made to the Department within 24 hours when there is reasonable cause to believe that a child has been abused or neglected.
3. A Licensee or his/her designee shall not discharge, demote, transfer, reduce pay, benefits or work privileges, prepare a negative work performance evaluation or take any other action detrimental to any employee because the employee filed a good faith report with the Department regarding suspicion of abuse or neglect of a child.
4. A signed and dated written statement shall be on file for each staff person, assisting parent or aide indicating that the individual was informed of the programs policies on abuse and neglect and that they are aware that abuse and/or neglect of children is against the law, prohibited by the program and must be reported to the Department.
5. The telephone number to report suspected incidences of child abuse and/or neglect shall be posted by the telephone where staff can easily see it.
1. There shall be a process of orienting children and parents to the program which offers parent orientation, pre-enrollment visit and a gradual introduction of children to the program.
2. Parents shall have unlimited access without delay to their child and the staff person primarily involved with the child whenever their child is present at the program.
3. Staff shall encourage parents to become involved in the program and to spend periods of time at the facility interacting with their child.
4. Parent conferences shall be offered at least twice a year to discuss children's progress, accomplishments and issues at home which impact the child at the program. The staff person primarily involved with the child shall be present during the conference. Parent's reasonable requests for additional conference(s) shall be honored within 7 days.
5. The program shall encourage and facilitate two-way communication between staff and parents that provides information to parents about their child, the program, policies, resources and concerns.
6. The program may offer parents opportunities to be involved in:
a. experiences and activities that enhance their skills, self-confidence and sense of independence in providing an environment where their child can develop to their full potential.
b. experiences in child growth and development that will strengthen their role as the primary influence in their children's lives.
c. ways of providing educational and developmental activities in the program.
d. identifying and using family and community resources.
7. The program shall provide comfortable accommodations for mothers who breastfeed their child during the hours their child is present.
1. The facility shall provide a pleasant, safe, clean and well- lighted environment suitable for children, which is not subject to drafts.
2. Children in care shall be protected from any and all conditions, which threaten a child 's heath, safety and well being. This includes protecting children from stoves, unstable furnishings and equipment, pools, window covering pull cords, telephone and electrical cords, poisonous plants, asbestos, wells, chips and dust from lead paint, traffic, toxic substances, pressure treated wood containing creosote or pentachlorophenol, and other hazards.
3. There shall be a telephone, in working order, on the premises accessible for incoming and outgoing use during the time children are present. The telephone number shall be publicly listed. The use of answering machines or voice mail is permitted only when they are fully operational, located where they can be heard by staff, or checked every 15 minutes.
4. The following emergency numbers shall be posted near the telephone:
· 911, address and directions to facility
· District Social Services office (for reporting suspected child abuse or contacting social workers serving families of children in care)
5. The following numbers shall be located near the telephone:
· Emergency contacts for each child
· Child 's heath care provider and dentist
· Child Care Services Division 1-800-649-2642
6. The licensed space shall provide 35 square feet of safe, useable space per child inside the facility, excluding hallways, bathrooms, offices, food preparation area and areas where children's personal belongings are stored.
7. Furniture shall be appropriate for the size, abilities, and activities of the children.
8. Furniture, equipment and climbing structures shall be clean, sturdy, without sharp edges, and present minimal hazards. Bookcases and other shelving units shall not present a tipping or falling hazard.
9. Closet and bathroom doors which can be locked shall have an unlocking device readily accessible to staff. No locking or fastening device shall be used on the outside of the door which would prevent free escape.
10. Comfortable adult-sized seating(s) shall be provided in infant and toddler areas.
11. Toys for infants and toddlers (or children at those developmental levels) shall be large enough to prevent swallowing or choking. Floors and play areas where infants and toddlers are in care shall be checked daily for small objects such as:
12. Unless medically necessary the use of mobile baby walkers is prohibited.
13. All art and play materials are nontoxic.
14. Styrofoam objects and vinyl or latex gloves shall not be accessible to children under 3 years of age.
15. Hazardous substances shall be in their original container, stored separately and inaccessible to children.
16. Animals at the facility shall not present a danger or health hazard to the children. Evidence shall be on file at the facility indicating appropriate rabies immunizations have been given to dogs, cats, ferrets at appropriate intervals.
17. There shall be safe physical barriers to protect infants and toddlers from stairways.
18. Stairways shall be well lighted and equipped with securely mounted handrails within reach of children.
19. To prevent entrapment, there shall be no openings on indoor and outdoor climbers and platforms between 3'/2 and 9 inches.
20. Sufficient cushioning material shall be in place around and under climbers, slides, swings, etc. that allow a child to achieve a height of over 30".
21. Devices that diffuse airborne chemicals that are harmful to humans, such as anti-pest strips, ozone generators, plug-in air fresheners and aerosol sprays, are prohibited.
22. Children age five and under (or at those developmental levels) shall be protected from accessible electric outlets by use of safety plugs.
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Safely Note: Falls from playground equipment are the leading case of injuries to children in deify, childhood programs: |
23. There shall be a safe outdoor play area that provides a minimum of 75 square feet per child. This play area shall be fenced or otherwise protected from traffic and other hazards and includes a provision for shade. The play area shall be inspected regularly for removal of dangerous and hazardous materials.
24. Climbing equipment and swings shall be securely anchored to the ground, and spaced in accordance with manufacturers recommended fall zones. The play area shall be arranged so children playing on one piece of equipment shall not interfere with children playing on another piece of equipment.
25. Chains on swings shall have protective coverings and swing seats shall be made of soft material with no sharp edges.
26. Tricycles acquired after the effective date of these regulations shall not have spokes. Tricycles and bicycles with chains shall have chain guards. Children on bicycles, roller blades, skateboards, or scooters shall wear helmets.
1. Children shall be immunized appropriately for their age, unless they have religious, philosophical or medical exceptions (see III. C.13J.).
2. Drinking water shall be available upon request and offered often in warm weather.
3. A change of clothing shall be available for each child.
4. There shall be no smoking on the premises. Staff shall not smoke in view of the children.
5. Hospital grade germicides which are registered with the EPA as disinfectants or bleach solutions may be used to disinfect surfaces. Surfaces shall be allowed to dry as directed on product label. Care shall be taken that children and adults do not inhale the disinfectant during spraying. Disinfectant solutions such as diluted bleach shall be mixed fresh daily and dispensed from a spray bottle which is labeled with the name of the product and precautionary safety information.
6. Toys mouthed by children shall be disinfected daily.
7. Indoor toys and equipment shall be cleaned at least monthly.
8. Bathrooms, diapering areas, table tops and door knobs shall be disinfected daily.
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Note: When considering a product for disinfecting, the solution must be safe for food service and children who mouth toys. |
9. Hard floors shall be cleaned frequently. Carpets shall be vacuumed daily. Carpets shall be hot water extracted at least twice a year.
1. Persons may be excluded if, in the opinion of the program director, they are too ill to participate.
2 Inclusion and Exclusion of III Children in Early Childhood Programs-Guidelines for Common Signs and Symptoms, Illnesses and Conditions Related to Contagious Diseases (Appendix B) shall be posted where parents and staff can read it.
3. Staff shall follow the exclusion policies as set forth in Inclusion and Exclusion of III Children in Early Childhood Programs- Guidelines for Common Signs and Symptoms, Illnesses and Conditions Related to Contagious Diseases (Appendix B).
1. Lighting to permit appropriate supervision shall be provided in sleeping areas where children are sleeping/napping/resting.
2. Children shall not nap in cribs if they are physically capable of climbing out unassisted.
3. Children napping in cribs must be monitored by in-person checks at least every 15 minutes.
4. Infants shall be allowed to nap when tired.
5. Children shall not be in cribs with bottles unless requested in writing by the child's parent and the bottles contain water only.
6. Cribs shall have firm, well-fitting mattresses and crib sheets. Sheepskins, beanbags, waterbeds, comforters and pillows shall not be used.
7. To reduce the risk of Sudden Infant Death Syndrome, infants shall be placed on their backs to sleep unless there are medical orders requiring alternative positioning.
8. Spaces between the upright slats in cribs shall not exceed 2 3/8 inches. Corner post extensions shall be less than one sixteenth of an inch. There shall be no cutouts in crib headboards.
9. For children in care for more than five hours there shall be an opportunity to rest for at least 30 minutes, but no child shall be forced to sleep. For children who don't require sleep, time and space shall be provided for quiet play.
10. Children napping/resting not in cribs shall be supervised by a staff person present.
11. Each child who naps shall have a clean comfortable space and their own washable blankets or sleeping bag. When cots, mats or mattresses are used they must be waterproof or have waterproof coverings. No child shall nap directly on the waterproof covering or the floor.
1. There shall be an accessible first aid kit which contains at least the following:
· easy reference first aid manual
· sealed packets of alcohol wipes or antiseptic
This kit shall be replenished as supplies are used or as expiration date(s) indicate and kept out of reach of children.
2. When children and staff travel away from the program site, staff shall carry basic first aid supplies, a first aid manual, emergency information for the children, and coins for a pay telephone.
3. When a child is injured or becomes ill, every effort shall be made to notify the child's parent immediately. The program shall have a plan in place which is known by all staff, for responding to sick or injured children.
4. A severely injured child shall be moved only under the direction of a medical professional unless such are not available and immediate movement is necessitated by an emergency situation.
5. Upon determination that a child may be missing or may have been abducted, staff shall immediately notify the parent(s) of the child, the police and the Division.
6. When a child enrolled in the program does not arrive after school as scheduled the parent or authorized person shall be notified immediately.
7. In each room there shall be a posted emergency evacuation plan that clearly shows evacuation routes.
a. A system shall be in place to assure that when an evacuation is complete all children are accounted for at a predetermined safe place.
b. The evacuation plan, including a system to account for all children at a predetermined safe place, shall be practiced and recorded at least once a month. Practice drills may be pre-announced.
8. The licensee shall assure that an Emergency Response Plan (ERP) is developed and maintained at the facility. All staff shall be aware of the location of the plan. The plan shall be reviewed and updated annually. Copies of the plan shall be sent to the Vermont Division of Emergency Management upon their request.
1. Diapers and underwear shall be changed when soiled or wet.
2. There shall be a diaper changing area separate from areas where food is stored, prepared or served.
3. There shall be a sink for handwashing convenient to the diaper changing area with running hot and cold water. This shall not be the sink used for food preparation and clean up.
4. There shall be a sturdy, easily cleanable structure, of adequate height with a non-absorbent surface for diaper changing.
5. Staff shall follow a step-by-step diaper changing procedure such as Guidelines for Diapering (See Appendix C). The procedure is posted in the diaper changing area.
6. Disposable non-porous gloves shall be worn during diapering when:
· staff member has an open cut, sore or cracked skin
· the child has an open area on his/her skin
· the child has a known infection that is spread through the feces
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Note: Pregnant women or women considering pregnancy may want to wear gloves when changing diapers in order to minimize contact with cytomegalovirus or other germs. |
1. Sinks used for handwashing shall have hot and cold running water that comes from a single spigot. The hot water shall not exceed 120°F.
2. Properly dispensed soap and disposable paper towels shall be available and accessible to the children at each handwashing area.
3. There shall be step stools for children if the hand sinks are installed at other than child height.
4. Children shall wash their hands with soap under warm running water:
· after using the toilet or having their diaper changed
5. Staff shall wash the hands of children who are unable to wash their own.
6. Staff shall wash their hands with soap for at least 10 seconds under warm running water:
· upon arrival at the facility
· before preparation of food or bottles
· after using the toilet or helping a child use the toilet
· after cleaning up after a sick child or injured child
· after handling items soiled with blood or body fluids
· before and after giving medication
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Note: intact skin is the best protection against infection. Use of lotion after frequent handwashing helps protect skin from drying, chapping, and cracking. Pump type dispensers are recommended. |
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Note: Universal precautions means treating all blood and other body fluids (saliva, nose and eye discharges, vomit, urine, feces) as potentially infectious |
1. Staff shall use universal precautions when in contact with blood and any other body fluids.
a. wear non-porous latex or vinyl gloves unless the fluid can be easily contained by the material used to clean it up (tissue for noses, etc).
b. be careful not to get any of the fluid being handled into eyes, nose, mouth or open sores/cuts.
c. clean and then disinfect any surfaces on to which body fluids have spilled.
d. dispose of contaminated materials and store launderable items in securely sealed containers or bags.
1. Wet or soiled clothing shall be changed promptly and stored in securely fastened plastic bags or containers.
2. Individual bedding shall be washed at least once a week and only used by one child between washings. Wet or soiled bedding shall be changed promptly and stored in securely fastened plastic bags or containers.
3. Cribs, cots or mats shall be washed and disinfected when soiled, or before assignment to another child.
1. All medications shall be inaccessible to children.
2. Written parental permission shall be obtained before administering medication stating the name of the medication, dosage, the date and time to be given and how the medication is to be given (mouth, ear, etc.).
3. The program shall keep a record of all prescribed medications given. The date, name of medication, dosage, time given and identity of the staff person who gave the medication shall be included in this record. These records shall be kept for a period of one year.
4. All medications given shall be in their original containers, clearly labeled with children's name, dosage, medication name, and schedule.
5. Written general permission shall be obtained from parents for giving nonprescription oral medication to a child. Parents shall be verbally notified before nonprescription oral medications are given.
6. Written general permission shall be obtained from parents prior to the application of nonprescription medications and products, ointments, creams, sunscreens, tick and insect repellants, and other topically applied ointments and lotions. Such general permission shall be updated annually.
7. Staff shall not allow children to apply repellants.
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Note: Chemical repellents may provide Protection against ticks and insects that can transmit disease When used improperly, however, repellents may pose a risk of adverse health effects. |
1. All on-site meal preparation (except snacks) or use of multi-service utensils shall have prior approval by the Division.
2. The food preparation area shall not be used for other activities when food or drink is being prepared or served.
3. All food shall be stored, prepared and served in a sanitary manner.
4. All cooked foods shall be cooked to proper temperatures. All reheated foods shall be cooked to at least 165°F.
5. Staff shall practice good hygiene when handling food. Staff shall wash hands before work, before returning to work, before handling foods that are not going to be cooked or foods that are cooked and do not get reheated.
6. Staff who are ill shall not work in the food preparation area. Staff with open sores that cannot be covered shall not handle or prepare food.
7. When food is transported sanitary containers shall be used to keep hot food at or above at least 140° F and cold food at or below 40° F.
8. All readily perishable food shall not be kept at room temperature for more than one hour while being prepared or served.
9. Children may be permitted in meal preparation areas only when under the direct supervision of a staff person present and there is no danger of injury from equipment.
10. All hot foods and liquids shall be out of children's reach. A staff person who is cooking or drinking a hot beverage shall not hold children.
11. Formula, milk or food if heated shall be served to children only after contents have been mixed (shaken if liquid) and tested.
12. Live animals shall not be kept or allowed in areas where food or drink is being prepared or served.
13. Proper sinks with approved plumbing and hot and cold water under pressure shall be available in all rooms (not bathrooms) where food or drink is prepared or utensils are washed.
14. Surfaces coming into contact with food or drink shall be easily cleanable, in good repair and shall not be made of toxic material.
15. Kitchen facilities shall be maintained in a sanitary condition free of insects, rodents, dust and other contaminants.
16. Wastewater pipes shall not be located over food preparation, storage or serving areas.
17. Containers of food in the refrigerator shall be labeled and dated. Food stored in the refrigerator, including lunch boxes, shall be stored in such a manner so as to permit free circulation of cool air. All foods must be covered.
18. Refrigerators shall be used that maintain a temperature of 40° F or below and freezers that maintain 0° F or below.
19. Frozen foods shall be thawed in the refrigerator, under cold running water, or defrosted in the microwave oven.
20. To promote rapid cooling, readily perishable food not in its original container shall be stored in the refrigerator in covered shallow pans not more than 3" in. depth.
21. Fresh fruits and vegetables shall be thoroughly washed before use.
22. Any food served to a child shall not be served to another child.
23. All utensils, equipment and food shall be stored in a clean, dry place free from insects, rodents, dust and other contamination and shall be handled in such a manner as to prevent contamination.
a. All containers and utensils shall be stored 18" off the floor if stored openly. Dishes shall be stored in a closed space. Cupboards shall be clean.
b. Utensils shall be covered or inverted when not in use.
c. Containers and utensils shall not be handled on surfaces which come in contact with food or drink.
d. Paper cups, plates, straws, spoons, forks and other single service containers and utensils shall be purchased in sanitary cartons and stored in a clean and dry place until used. After removal from the cartons surfaces shall not be exposed to sources of contamination.
e. Single-service utensils shall be used only once.
f. All kitchen machinery and equipment shall be constructed and arranged to be easily cleanable and shall be in good repair.
g. Enamelware and cracked or chipped china or glassware shall not be used.
h. All foods shall be stored in plainly labeled dated containers.
i. All contaminated food shall be disposed of promptly. Swelled, rusty, dented or leaky canned food or drink shall not be consumed and shall be disposed of promptly.
24. When multi-service utensils are used a mechanical dishwasher shall be equipped with a rinse cycle of at least 170° F. Chemical machines must be at 50 ppm of chlorine. Dishwasher shall be installed and operated according to the manufacturer's recommendations.
25. When a dishwasher is not available and single-service items are not used, three compartments and a drain-board shall be used for the dishwashing, rinsing, sanitizing and air drying of dishes and utensils. Dishes shall be washed with soap in hot clean water rinsed in hot clean water and immersed for at least 10 seconds in a sanitizing rinse. (One tablespoon of chlorine bleach must be used for each gallon of water in the sanitizing rinse).
1. Children present during daytime hours shall be served a meal or snack at least every three hours.
2. A menu of the week's meals and snacks provided by the program shall be posted. The menus of the preceding six-weeks shall be on file.
3. Meals and snacks provided by the program shall be nutritious. Sufficient food shall be available for second servings.