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PA Bulletin, Doc. No. 96-1212

STATEMENTS OF POLICY

DEPARTMENT OF PUBLIC WELFARE

[55 PA. CODE CHS. 3270, 3280 AND 3290]

Posting Department Inspection Summaries

[26 Pa.B. 3554]

   The purpose of this statement of policy is to inform child day care facility operators that a copy of the Department of Public Welfare (Department) inspection summary shall be posted in the facility next to the facility's certificate of compliance or registration.

Discussion

   Current Department regulations require that a facility's certificate of compliance or registration and the child day care service regulations applicable to the facility shall be posted in a conspicuous location used by parents (§§ 3270.25, 3280.24 and 3290.22). The certificate of compliance or registration reflects the Department's approval of facility operation and the status of the facility compliance with Department regulations.

   Following an inspection, the Department issues an inspection summary to the operator to provide information regarding the facility's compliance with regulations. By citing regulatory noncompliance on an inspection summary, the Department notes failure to approve specific regulated or regulatory aspects of the facility operation. It is misleading to consumers to post only a certificate of compliance or registration indicating the Department's approval of a facility when noncompliance has been cited. The Department cannot permit an operator to display only a certificate indicating approval by the Department when noncompliance has been cited. Posting the inspection summary gives a true picture of the status of the facility.

Contact Person

   Comments and questions regarding this statement of policy should be directed to Jennifer Lau, Bureau of Child Day Care Services, 4th Floor, Bertolino Building, 1401 N. 7th St., Harrisburg, PA 17105-2675, (717) 787-8691.

Interpretation

   To accurately reflect the status of the Department's approval, the operator of a child day care facility is required to post each inspection summary issued by the Department next to the facility's certificate of compliance or registration in a conspicuous location used by parents. The inspection summary shall remain posted until a Department representative verifies that each noncompliance item noted on the inspection summary has been corrected.

Effective Date

   This statement of policy shall take effect upon publication in the Pennsylvania Bulletin.

FEATHER O. HOUSTOUN,   
Secretary

   (Editor's Note: The regulations of the Department, 55 Pa. Code Chapters 3270, 3280 and 3290, are amended by adding statements of policy at §§ 3270.25a, 3280.24a and 3290.22a, to read as set forth in Annex A.)

   Fiscal Note: 14-BUL-45. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 55.  PUBLIC WELFARE

PART V.  CHILDREN, YOUTH AND FAMILIES MANUAL

Subpart D.  NONRESIDENTIAL AGENCIES, FACILITIES AND SERVICES

ARTICLE I.  LICENSING/APPROVAL

CHAPTER 3270.  CHILD DAY CARE CENTERS

GENERAL REQUIREMENTS

§ 3270.25a.  Availability of certificate of compliance and applicable regulations--statement of policy.

   To accurately reflect the status of the Department's approval, the operator of a child day care center is required to post each inspection summary issued by the Department next to the facility's certificate of compliance in a conspicuous location used by parents. The inspection summary shall remain posted until a Department representative verifies that each noncompliance item noted on the inspection summary has been corrected.

CHAPTER 3280.  GROUP DAY CARE HOMES

GENERAL REQUIREMENTS

§ 3280.24a.  Availability of certificate of compliance and applicable regulations--statement of policy.

   To accurately reflect the status of the Department's approval, the operator of a group day care home is required to post each inspection summary issued by the Department next to the facility's certificate of compliance in a conspicuous location used by parents. The inspection summary shall remain posted until a Department representative verifies that each noncompliance item noted on the inspection summary has been corrected.

CHAPTER 3290.  FAMILY DAY CARE HOMES

GENERAL REQUIREMENTS

§ 3290.22a.  Availability of certificate of registration and applicable regulations--statement of policy.

   To accurately reflect the status of the Department's approval, the operator of a family day care home is required to post each inspection summary issued by the Department next to the facility's certificate of registration in a conspicuous location used by parents. The inspection summary shall remain posted until a Department representative verifies that each noncompliance item noted on the inspection summary has been corrected.

[Pa.B. Doc. No. 96-1212. Filed for public inspection July 26, 1996, 9:00 a.m.]



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