[50 Pa.B. 7133]
[Saturday, December 19, 2020]
[Continued from previous Web Page]
Annex A
TITLE 55. HUMAN SERVICES
PART I. DEPARTMENT OF HUMAN SERVICES
Subpart C. LICENSING/APPROVAL
CHAPTER 20. LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES
GENERAL PROVISIONS § 20.2. Applicability.
(a) This chapter applies to facilities and agencies subject to licensure or approval under Articles IX and X of the Human Services Code (62 P.S. §§ 901—922 and 1001—1080).
(b) This chapter applies in addition to applicable program licensure or approval regulations.
PART V. CHILDREN, YOUTH AND FAMILIES MANUAL
Subpart D. NONRESIDENTIAL AGENCIES, FACILITIES AND SERVICES
ARTICLE I. Licensing/Approval
CHAPTER 3270. CHILD CARE CENTERS
GENERAL PROVISIONS § 3270.1. Introduction.
This chapter is promulgated to facilitate the safe and healthful care of a child in a child care center and to support families by providing care that promotes the emotional, cognitive, communicative, perceptual-motor, physical and social development of the child.
§ 3270.2. Purpose.
The purpose of this chapter is to provide standards to aid in protecting the health, safety and rights of children and to reduce risks to children in child care centers. This chapter identifies the minimum level of compliance necessary to obtain the Department's certificate of compliance.
§ 3270.3. Applicability.
* * * * * (c) A legal entity seeking to operate a child care facility as defined in this chapter shall apply for an initial or renewal certificate of compliance in accordance with the requirements established in Chapter 20 (relating to licensure or approval of facilities and agencies).
* * * * * § 3270.4. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ACIP—The Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, United States Department of Health and Human Services.
Act—The Human Services Code (62 P.S. §§ 101—1503).
* * * * * Certificate of compliance—A document issued by the Department to a legal entity permitting the entity to operate a specific type of facility at a specific location for a specific period of time according to applicable Department regulations. A certificate of compliance approves the operation of a facility subject to Article IX of the act (62 P.S. §§ 901—922) or licenses the operation of a facility subject to Article X of the act (62 P.S. §§ 1001—1088).
* * * * * Child care center—The premises in which care is provided at any one time for seven or more children unrelated to the operator.
* * * * * Facility—A child care center.
* * * * * Parent—The biological or adoptive mother or father, legal guardian or foster mother or father of the child.
* * * * * Public water system—A system for the provision to the public of water for human consumption that has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes:
(i) Collection, treatment, storage and distribution facilities under the control of the operator of the system and used in connection with the system.
(ii) Collection or pretreatment storage facilities not under control of the operator which are used in connection with the system.
(iii) A system which provides water for bottling or bulk hauling for human consumption.
Relative—A parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece or nephew. As applied to facilities subject to approval under Article IX of the act, the term also includes a stepbrother, stepsister or first cousin.
School-age care—Supervised child care in a Departmentally certified facility during the hours when a child is not required to attend school.
* * * * * Staff person—A person included in the staff:child ratio who is responsible for child care activities.
* * * * * Volunteer—A person 16 years of age or older who is not included in the staff:child ratio and who assists in implementing daily program activities under the supervision of a staff person.
* * * * *
GENERAL REQUIREMENTS § 3270.11. Application for and issuance of a certificate of compliance.
* * * * * (b) A legal entity or a representative of the legal entity shall participate in an orientation training provided by the Department within 12 months prior to commencing operation of the child care center. The orientation does not count toward the annual minimum of 12 clock hours of child care training required in § 3270.31(e) (relating to age and training).
(c) Prior to issuance of a certificate of compliance, the legal entity or representative of the legal entity shall complete professional development in each of the following topics:
(1) Prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking necessary action to comply with immunization and other health and safety requirements.
(2) Prevention of Sudden Infant Death Syndrome and use of safe sleep practices.
(3) Administration of medication, consistent with standards for parental consent.
(4) Prevention of and response to emergencies due to food and allergic reactions.
(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic.
(6) Prevention of shaken baby syndrome and abusive head trauma.
(7) Emergency preparedness and response planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility) within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.A. § 5195a(a)(1)).
(8) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
(9) Precautions when transporting children.
(10) Pediatric first aid and pediatric cardiopulmonary resuscitation.
(d) Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date the professional development was completed. Documentation shall be included with the application when it is submitted to the regional office. Documentation of the completion of professional development under subsection (c) taken from September 30, 2016, forward satisfies this requirement.
(e) Application for a certificate of compliance shall be submitted to the appropriate regional child care office in accordance with Chapter 20 (relating to the licensure or approval of facilities and agencies).
(f) A certificate of compliance is issued in the manner described in Chapter 20, for a period not to exceed 12 months from the date of issue.
(g) An agent of the Department will annually conduct at least one onsite unannounced inspection of a child care facility.
(h) The facility is subject to announced and unannounced inspections in accordance with § 3270.24(b) (relating to Departmental access).
(i) Except for § 20.32 (relating to announced inspections), the requirements in Chapter 20 (relating to licensure or approval of facilities and agencies) apply to child care facilities.
(j) Sanctions relating to the status of a certificate of compliance are applied under the authority of applicable sections of the act, Chapter 20 and this chapter.
(k) A facility whose certificate of compliance is current as of December 19, 2020, will not be inspected under this chapter until the current certificate of compliance is due to be renewed or when a regulatory violation is alleged and the Department responds to the alleged violation with an inspection.
§ 3270.15. Building codes.
(a) A certificate of compliance will not be granted by the Department until the legal entity provides a certificate of occupancy as proof of compliance with the applicable requirements of the Department of Labor and Industry in 34 Pa. Code § 403.23 (relating to child day care facilities) and under section 1016(c) of the act (62 P.S. § 1016(c)).
(b) The legal entity shall maintain ongoing compliance with the applicable requirements prescribed by the Department of Labor and Industry in 34 Pa. Code § 403.23 and under section 1016(c) of the act at all times following issuance of any certificate of compliance issued by the Department under this chapter.
§ 3270.16. Dual licensure.
If a facility meets the definition of both a private academic school under the authority of the Department of Education and a child care center under the authority of the Department, the legal entity shall apply for approval to operate from both Departments. The facility shall comply with 22 Pa. Code Part II (relating to State Board of Private Academic Schools) and this chapter.
§ 3270.19. Child abuse reporting.
* * * * * (b) A facility person who has reasonable cause to suspect that a child is a victim of child abuse shall immediately make a report of suspected child abuse to ChildLine through the hotline at 1 (800) 932-0313, online, or any other method as prescribed by the Department.
* * * * * § 3270.24. Departmental access.
* * * * * (c) An agent of the Department will inspect for compliance with this chapter in all areas of the facility premises that are accessible to children.
(d) An agent of the Department will annually conduct at least one onsite unannounced inspection of a child care facility.
(e) An announced inspection will be conducted by the Department prior to the issuance of the initial certificate of compliance.
(f) A valid photo identification of the director or designated staff person who is responsible for compliance with this chapter shall be provided to the agent of the Depart- ment at the time of inspection.
§ 3270.25. Availability of certificate of compliance and applicable regulations.
(a) The facility's current certificate of compliance shall be posted in a conspicuous location used by parents. The operator shall provide the parent of each child enrolled with information on how to access the regulations in this chapter electronically and with instructions for contacting the appropriate regional child care office.
* * * * * § 3270.27. Emergency plan.
(a) The facility shall have an emergency plan that provides for:
(1) Shelter of children during an emergency including lock-down, shelter in place at the facility and shelter at locations away from the facility premises.
(2) Evacuation of children from the facility building and evacuation of children to a location away from the facility premises. The evacuation routes and evacuation plans to exit the building may be the same as those required by § 3270.94 (relating to fire drills).
(3) A method for facility persons to contact parents as soon as reasonably possible when an emergency situation arises.
(4) A method for facility persons to inform parents that the emergency has ended and to provide instruction as to how parents can safely be reunited with their children.
(5) Accommodations for infants, toddlers, children with disabilities and children with chronic medical conditions.
(6) Emergency drills shall be conducted annually. Annual emergency drills shall be documented and on file at the facility.
(b) The operator shall review the emergency plan at least annually and update the plan as needed. Each review and update of the emergency plan shall be documented in writing and kept on file at the facility.
* * * * * (f) The operator shall send a copy of the emergency plan and subsequent plan updates to the local municipality and to the county emergency management agency.
FACILITY PERSONS § 3270.31. Age and training.
(a) A volunteer shall be 16 years of age or older and shall be directly supervised at all times by a staff person.
(b) A staff person shall be 18 years of age or older.
(c) An individual 16 years of age or older who is enrolled in an approved training curriculum may be used as a staff person, if the following guidelines are met:
(1) The curriculum is conducted by an institution approved by the Department of Education and accredited by an accrediting agency recognized by the United States Department of Education or the Council on Postsecondary Education and acceptable to the Department of Education.
(2) The curriculum includes acceptable training topics referenced in subsection (e)(2).
(3) The curriculum includes a minimum total of 600 clock hours, distributed as follows:
(i) A minimum of 400 clock hours of classroom training.
(ii) A minimum of 200 clock hours of supervised training in a child care facility.
* * * * * (e) A staff person shall obtain an annual minimum of 12 clock hours of child care training.
* * * * * (4) Depending on the provisions of the appropriate regulation, training may be required for certain staff persons. The following constitutes competence in training areas:
(i) Pediatric first-aid training and pediatric cardiopulmonary resuscitation (CPR). Competence is the completion of training by a professional in the field of first-aid and cardiopulmonary resuscitation (CPR). All staff persons shall renew their certification in pediatric first aid and pediatric CPR on or before the expiration of the most current certification.
* * * * * (f) Staff persons shall complete professional development in the following topics within 90 days of hire:
(1) Prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking necessary action to comply with immunization and other health and safety requirements.
(2) Prevention of Sudden Infant Death Syndrome and use of safe sleep practices.
(3) Administration of medication, consistent with standards for parental consent.
(4) Prevention of and response to emergencies due to food and allergic reactions.
(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water and vehicular traffic.
(6) Prevention of shaken baby syndrome and abusive head trauma.
(7) Emergency preparedness and response planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility) within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.A. § 5195a(a)(1)).
(8) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
(9) Precautions when transporting children.
(10) Pediatric first aid and pediatric cardiopulmonary resuscitation.
(g) Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date professional development was completed. Documentation shall be retained in the facility person's file or maintained in an electronic system as designated by the Department. Documentation of the completion of the professional development under subsection (f) taken from September 30, 2016, forward satisfies this requirement.
(h) All staff persons shall complete the professional development under subsection (f).
(i) Professional development under subsection (f) may count towards the annual clock hours in subsection (e) on a one-time basis.
(j) Staff persons shall obtain available ongoing professional development relating to the health and safety topics as specified in subsection (f) prior to obtaining professional development in other topics as permitted in subsection (e)(2).
§ 3270.32. Suitability of persons in the facility.
* * * * * (b) Questions relating to the requirements of the CPSL shall be directed to the appropriate regional child care office.
* * * * * § 3270.33. General requirements for facility persons.
* * * * * (d) One or more facility persons competent in pediatric first aid and pediatric cardiopulmonary resuscitation techniques shall be at the facility when one or more children are in care.
§ 3270.34. Director qualifications and responsibilities.
* * * * * (c) A director shall be employed by a facility and be present at the facility site a minimum of 30 hours per week.
* * * * *
PHYSICAL SITE § 3270.61. Measurement and use of indoor child care space.
* * * * * (i) The total number of children receiving child care services at the facility at any one time may not exceed the facility's maximum capacity.
§ 3270.79. Firearms.
Weapons, firearms and ammunition are prohibited in a child care center.
FIRE SAFETY § 3270.94. Fire drills.
(a) The Director or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that:
(1) Fire drills are conducted at least once every 60 days.
(2) Fire drills are conducted at different times of the day or night, or both, if applicable.
(3) Fire drills are conducted during various program activity times.
(4) The hypothetical locations of the fire are rotated around the facility for each drill such that the hypothetical location is never the same for consecutive drills.
(5) Evacuation routes are posted in a conspicuous location on each floor of the facility.
(6) Evacuation plans provide for the removal of all persons from the facility in a single trip.
(7) Facility persons and children in attendance participate in the fire drill.
(8) Facility persons and children exit the building, weather permitting.
(9) A written record is maintained on file at the facility indicating the specific time of day of the drill, the hypothetical location of the fire, the evacuation time, and the names of the facility persons and the number of children who participate in the fire drill.
§ 3270.95. Fire detection.
(a) Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. § 1016(c)).
(b) The Director or designated staff person who is responsible for compliance with this chapter shall ensure the requirements under subsection (a) are met.
PROGRAM § 3270.115. Water activity.
* * * * * (b) Wading.
(1) Staff persons shall supervise children in care using wading pools. Staff: child ratios in subsection (a) apply when children are wading.
* * * * *
NUTRITION § 3270.161. Food.
* * * * * (b) Food handling practices shall conform to the requirements of the Department of Health or the Department of Environmental Resources or its delegate agency where the child care facility is located.
* * * * * § 3270.166. Meals for infants.
Meals for infants shall be provided in accordance with the following requirements:
* * * * * (7) Neither bottled formula nor human milk may be heated in a microwave.
TRANSPORTATION § 3270.171. Pick-up and drop-off points.
(a) An operator shall notify local traffic safety authorities annually in writing of the location of the facility and the program's use of pedestrian and vehicular routes around the child care facility.
* * * * * § 3270.184. Release of information.
(a) The parent shall have access to the child's complete child care record.
* * * * *
HEAD START PROGRAMS § 3270.221. Certificate of compliance.
Child care programs that meet the requirements of this chapter are issued a certificate of compliance. When child care services are operated before or after the Head Start Program, that portion of the extended day which meets the definitions of this chapter shall receive a certificate of compliance.
SPECIAL EXCEPTIONS § 3270.231. Staff qualifications.
(a) Staff persons employed in a child care center prior to April 2, 1978, permanently qualify for their position, as long as the staff qualifications in effect as of September 1, 1977, are met.
* * * * * § 3270.232. Reserved.
§ 3270.233. Reserved.
SCHOOL-AGE PROGRAMS § 3270.241. Requirements specific to school-age programs.
(a) If a child is required to be enrolled in public or private school under the Public School Code of 1949 (24 P.S. §§ 1-101—27-2702) and if the child is not enrolled and if the child is not exempted from enrollment under the Public School Code, a child care facility may not admit the child for care during the hours when the child is required by law to attend public or private school.
* * * * *
CHAPTER 3280. GROUP CHILD CARE HOMES
GENERAL PROVISIONS § 3280.1. Introduction.
This chapter is promulgated to facilitate the safe and healthful care of a child in a group child care home and to support families by providing care that promotes the emotional, cognitive, communicative, perceptual-motor, physical and social development of the child.
§ 3280.2. Purpose.
The purpose of this chapter is to provide standards to aid in protecting the health, safety and rights of children and to reduce risks to children in group child care homes. This chapter identifies the minimum level of compliance necessary to obtain the Department's certificate of compliance.
§ 3280.3. Applicability.
* * * * * (c) A legal entity seeking to operate a child care facility as defined in this chapter shall apply for an initial or renewal certificate of compliance in accordance with the requirements established in Chapter 20 (relating to licensure or approval of facilities and agencies).
* * * * * § 3280.4. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ACIP—The Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, United States Department of Health and Human Services.
Act—The Human Services Code (62 P.S. § § 101—1503).
* * * * * Certificate of compliance—A document issued by the Department to a legal entity permitting the entity to operate a specific type of facility at a specific location for a specific period of time according to applicable Department regulations. A certificate of compliance approves the operation of a facility subject to Article IX of the act (62 P.S. §§ 901—922) or licenses the operation of a facility subject to Article X of the act (62 P.S. §§ 1001—1088).
* * * * * Facility—A group child care home.
* * * * * Group child care home—The premises in which care is provided at one time for more than 6 but fewer than 16 older school-age level children or more than 6 but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or other premises.
* * * * * Parent—The biological or adoptive mother or father, legal guardian or foster mother or father of the child.
* * * * * Potentially hazardous food—A food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
Relative—A parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece or nephew. As applied to facilities subject to approval under Article IX of the act, the term also includes a stepbrother, stepsister or first cousin.
School-age care—Supervised child care in a Departmentally certified facility during the hours when a child is not required to attend school.
* * * * * Staff person—A person included in the staff:child ratio who is responsible for child care activities.
* * * * * Volunteer—A person 16 years of age or older who is not included in the staff:child ratio and who assists in implementing daily program activities under the supervision of a staff person.
* * * * *
GENERAL REQUIREMENTS § 3280.11. Application for and issuance of a certificate of compliance.
* * * * * (b) A legal entity or a representative of the legal entity shall participate in an orientation training provided by the Department within 12 months prior to commencing operation of the group child care home. The orientation does not count toward the annual minimum of 12 clock hours of child care training required in § 3280.31(e) (relating to age and training).
(c) Prior to issuance of a certificate of compliance, the legal entity or representative of the legal entity shall complete professional development in each of the following topics:
(1) Prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking necessary action to comply with immunization and other health and safety requirements.
(2) Prevention of Sudden Infant Death Syndrome and use of safe sleep practices.
(3) Administration of medication, consistent with standards for parental consent.
(4) Prevention of and response to emergencies due to food and allergic reactions.
(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic.
(6) Prevention of shaken baby syndrome and abusive head trauma.
(7) Emergency preparedness and response planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility) within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.A. § 5195a(a)(1)).
(8) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
(9) Precautions when transporting children.
(10) Pediatric first aid and pediatric cardiopulmonary resuscitation.
(d) Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date the professional development was completed. Documentation shall be included with the application when it is submitted to the regional office. Documentation of the completion of professional development under subsection (c) taken from September 30, 2016, forward satisfies this requirement.
(e) Regarding child abuse and criminal history clearances related to the CPSL, the following apply:
(1) At initial application for a certificate of compliance, the legal entity shall submit clearances for the legal entity and for each individual 18 years of age or older who resides in the facility at least 30 days in a calendar year.
(2) At renewal, the legal entity shall submit clearances for each individual 18 years of age or older who resides in the facility at least 30 days in a calendar year if any of the following apply:
(i) The individual attained 18 years of age following the date of the previous application for a certificate of compliance.
(ii) The individual moved into the facility following the date of the previous application for a certificate of compliance.
(3) Clearances are required for the legal entity and for each individual 18 years of age or older who resides in the facility at least 30 days in a calendar year by the Department if an application for renewal is received following expiration of the current certificate of compliance.
(f) Application for a certificate of compliance shall be submitted to the appropriate regional child care office in accordance with Chapter 20 (relating to the licensure or approval of facilities and agencies).
(g) A certificate of compliance is issued in the manner described in Chapter 20, for a period not to exceed 12 months from the date of issue.
(h) An agent of the Department will annually conduct at least one onsite unannounced inspection of a child care facility.
(i) The facility is subject to announced and unannounced inspections in accordance with § 3280.23 (relating to Departmental access).
(j) Except for § 20.32 (relating to announced inspections), the requirements in Chapter 20 (relating to licensure or approval of facilities and agencies) apply to child care facilities.
(k) Sanctions relating to the status of a certificate of compliance are applied under the authority of applicable sections of the act, Chapter 20 and this chapter.
(l) A facility whose certificate of compliance is current as of December 19, 2020, will not be inspected under this chapter until the current certificate of compliance is due to be renewed or when a regulatory violation is alleged and the Department responds to the alleged violation with an inspection.
§ 3280.15. Building codes.
(a) A certificate of compliance will not be granted by the Department until the legal entity provides a certificate of occupancy as proof of compliance with the applicable requirements of the Department of Labor and Industry in 34 Pa. Code § 403.23 (relating to child day care facilities) and under section 1016(c) of the act (62 P.S. § 1016(c)).
(b) The legal entity shall maintain ongoing compliance with the applicable requirements prescribed by the Department of Labor and Industry in 34 Pa. Code § 403.23 and under section 1016(c) of the act at all times following issuance of any certificate of compliance granted by the Department under this chapter.
§ 3280.18. Child abuse reporting.
* * * * * (b) A facility person who has reasonable cause to suspect that a child is a victim of child abuse shall immediately make a report of suspected child abuse to ChildLine through the hotline at 1 (800) 932-0313, online, or any other method as prescribed by the Department.
* * * * * § 3280.23. Departmental access.
* * * * * (c) An agent of the Department will inspect compliance with this chapter in all areas of the facility premises that are accessible to children.
(d) An agent of the Department will annually conduct at least one onsite unannounced inspection of a child care facility.
(e) An announced inspection will be conducted by the Department prior to the issuance of the initial certificate of compliance.
(f) A valid photo identification of the primary staff person or designated staff person who is responsible for compliance with this chapter shall be provided to the agent of the Department at the time of inspection.
§ 3280.24. Availability of certificate of compliance and applicable regulations.
(a) The facility's current certificate of compliance shall be posted in a conspicuous location used by parents. The operator shall provide the parent of each child enrolled with information on how to access the regulations in this chapter electronically and with instructions for contacting the appropriate regional child care office.
* * * * * § 3280.26. Emergency plan.
(a) The facility shall have an emergency plan that provides for:
(1) Shelter of children during an emergency including lock-down, shelter in place at the facility and shelter at locations away from the facility premises.
(2) Evacuation of children from the facility building and evacuation of children to a location away from the facility premises. The evacuation routes and evacuation plans to exit the building may be the same as those required by § 3280.94 (relating to fire drills).
(3) A method for facility persons to contact parents as soon as reasonably possible when an emergency situation arises.
(4) A method for facility persons to inform parents that the emergency has ended and to provide instruction as to how parents can safely be reunited with their children.
(5) Accommodations for infants and toddlers, children with disabilities and children with chronic medical conditions.
(6) Emergency drills shall be conducted annually. Annual emergency drills shall be documented and on file at the facility.
(b) The operator shall review the emergency plan at least annually and update the plan as needed. Each review and update of the emergency plan shall be documented in writing and kept on file at the facility.
* * * * * (f) The operator shall send a copy of the emergency plan and subsequent plan updates to the local municipality and to the county emergency management agency.
FACILITY PERSONS § 3280.31. Age and training.
(a) A volunteer shall be 16 years of age or older and shall be directly supervised at all times by a staff person.
(b) A staff person shall be 18 years of age or older.
(c) An individual 16 years of age or older who is enrolled in an approved training curriculum may be used as a staff person, if the following guidelines are met:
(1) The curriculum is conducted by an institution approved by the Department of Education and accredited by an accrediting agency recognized by the United States Department of Education or the Council on Postsecondary Education and acceptable to the Department of Education.
(2) The curriculum includes acceptable training topics referenced in subsection (e)(2).
(3) The curriculum includes a minimum total of 600 clock hours, distributed as follows:
(i) A minimum of 400 clock hours of classroom training.
(ii) A minimum of 200 clock hours of supervised training in a child care facility.
* * * * * (e) A staff person shall obtain an annual minimum of 12 clock hours of child care training.
* * * * * (4) Depending on the provisions of the appropriate regulation, training may be required for certain staff persons. The following constitutes competence in training areas:
(i) Pediatric first-aid training and pediatric cardiopulmonary resuscitation (CPR). Competence is the completion of training by a professional in the field of first-aid and CPR. All staff persons shall renew their certification in pediatric first aid and pediatric CPR on or before the expiration of the most current certification.
* * * * * (f) Staff persons shall complete professional development in the following topics within 90 days of hire:
(1) Prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking necessary action to comply with immunization and other health and safety requirements.
(2) Prevention of Sudden Infant Death Syndrome and use of safe sleep practices.
(3) Administration of medication, consistent with standards for parental consent.
(4) Prevention of and response to emergencies due to food and allergic reactions.
(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic.
(6) Prevention of shaken baby syndrome and abusive head trauma.
(7) Emergency preparedness and response planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility) within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.A. § 5195a(a)(1)).
(8) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
(9) Precautions when transporting children.
(10) Pediatric first aid and pediatric cardiopulmonary resuscitation.
(g) Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date professional development was completed. Documentation shall be retained in the facility person's file or maintained in an electronic system as designated by the Department. Documentation of the completion of the professional development under subsection (f) taken from September 30, 2016, forward satisfies this requirement.
(h) All staff persons shall complete the professional development under subsection (f).
(i) Professional development under subsection (f) may count towards the annual clock hours in subsection (e) on a one-time basis.
(j) Staff persons shall obtain available ongoing professional development relating to the health and safety topics as specified in subsection (f) prior to obtaining professional development in other topics as permitted in subsection (e)(2).
§ 3280.32. Suitability of persons in the facility.
* * * * * (b) Questions relating to the requirements of the CPSL shall be directed to the appropriate regional child care office.
* * * * * § 3280.33. General requirements for facility persons.
* * * * * (c) One or more facility persons competent in pediatric first aid and pediatric cardiopulmonary resuscitation techniques shall be at the facility when one or more children are in care.
§ 3280.34. Primary staff person qualifications and responsibilities.
(a) A primary staff person is responsible for the supervision of children receiving care in the facility.
* * * * *
FIRE SAFETY § 3280.94. Fire drills.
(a) The primary staff person or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that:
(1) Fire drills are conducted at least once every 60 days.
(2) Fire drills are conducted at different times of the day or night, or both, if applicable.
(3) Fire drills are conducted during various program activity times.
(4) The hypothetical locations of the fire are rotated around the facility for each drill such that the hypothetical location is never the same for consecutive drills.
(5) Evacuation routes are posted in a conspicuous location on each floor of the facility.
(6) Evacuation plans provide for the removal of all persons from the facility in a single trip.
(7) Facility persons and children in attendance participate in the fire drill.
(8) Facility persons and children exit the building, weather permitting.
(9) A written record is maintained on file at the facility indicating the specific time of day of the drill, the hypothetical location of the fire, the evacuation time, and the names of the facility persons and the number of children who participate in the fire drill.
§ 3280.95. Fire detection.
(a) Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. § 1016(c)).
(b) The primary staff person or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in subsection (a) are met.
* * * * *
PROGRAM § 3280.115. Water activity.
* * * * * (b) Wading.
(1) Staff persons shall supervise children in care using wading pools. Staff: child ratios in subsection (a) apply when children are wading.
* * * * *
NUTRITION § 3280.166. Meals for infants.
Meals for infants shall be provided in accordance with the following requirements:
* * * * * (7) Neither bottled formula nor human milk may be heated in a microwave.
TRANSPORTATION § 3280.171. Pick-up and drop-off points.
(a) The operator shall notify local traffic safety authorities in writing of the location of the facility and about the program's use of pedestrian and vehicular routes around the group child care facility.
* * * * *
CHILD RECORDS § 3280.184. Release of information.
(a) The parent shall have access to the child's complete child care record.
* * * * *
SPECIAL EXCEPTIONS § 3280.212. Reserved.
§ 3280.213. Reserved.
§ 3280.214. Reserved.
§ 3280.215. Reserved.
SCHOOL-AGE PROGRAMS § 3280.221. Requirements specific to school-age programs.
(a) If a child is required to be enrolled in public or private school under the Public School Code of 1949 (24 P.S. §§ 1-101—27-2702) and if the child is not enrolled and if the child is not exempted from enrollment under the Public School Code, a child care facility may not admit the child for care during the hours when the child is required by law to attend public or private school.
* * * * *
CHAPTER 3290. FAMILY CHILD CARE HOMES
GENERAL PROVISIONS § 3290.1. Introduction.
This chapter is promulgated to facilitate the safe and healthful care of a child in a family child care home and to support families by providing care that promotes the emotional, cognitive, communicative, perceptual-motor, physical and social development of the child.
§ 3290.2. Purpose.
The purpose of this chapter is to provide standards to aid in protecting the health, safety and rights of children and to reduce the risks to children in family child care homes. This chapter identifies the minimum level of compliance necessary to obtain the Department's certificate of compliance.
§ 3290.3. Applicability.
* * * * * (c) In addition to the requirements in this chapter, the family child care home shall be in compliance with applicable provisions of Article X of the act (62 P.S. §§ 1001—1088).
(d) A legal entity seeking to operate a child care facility shall apply for an initial or renewal certificate of compliance in accordance with the requirements established in Chapter 20 (relating to licensure or approval of facilities and agencies).
§ 3290.4. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ACIP—The Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, United States Department of Health and Human Services.
Act—The Human Services Code (62 P.S. §§ 101—1503).
* * * * * Appeal—A written, signed and dated statement requesting reconsideration or modification of a Departmental decision that negatively affects the certificate of compliance of the facility. An appeal is made by the facility operator or by the facility's legal entity.
Applicant—A legal entity that applies to operate a certified family child care home.
* * * * * Casual contact—The ordinary, routine and age-appro- priate association of children, parents and facility persons in the course of daily assembly in a facility.
Certificate of compliance—A document issued by the Department to a legal entity permitting the entity to operate a specific type of facility at a specific location for a specific period of time according to applicable Department regulations. A certificate of compliance licenses the operation of a facility subject to Article X of the act (62 P.S. §§ 1001—1088).
Child—A person 15 years of age or younger.
* * * * * Denial—The written refusal of the Department to issue a certificate of compliance to a new applicant.
* * * * * Facility—A family child care home.
* * * * * Family child care home—A home other than the child's own home, operated for profit or not-for-profit, in which child care is provided at any one time to four, five or six children unrelated to the operator.
* * * * * Nonrenewal—The written refusal of the Department to issue a certificate of compliance to a legal entity previously granted a certificate of compliance at the same location.
Operator—The legal entity or a person designated by the legal entity to serve as the staff person.
Parent—The biological or adoptive mother or father, legal guardian or foster mother or father of the child.
* * * * * Regional office of child care—Departmental offices responsible for certified child care facilities located in counties assigned to the regional office. A certificate of compliance is issued by a regional office to the legal entity responsible for the operation of a family child care home.
Relative—A parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece or nephew.
Revocation—The Department's written retraction of a certificate of compliance which occurs prior to expiration of the facility's certificate of compliance.
* * * * * Staff person—A person included in the staff:child ratio who is responsible for child care activities.
* * * * * Volunteer—A person 16 years of age or older who is not included in the staff:child ratio and who assists in implementing daily program activities under the supervision of a staff person.
GENERAL REQUIREMENTS § 3290.11. Application for and issuance of a certificate of compliance.
(a) An individual desiring information about the certification requirements for the operation of a family child care home shall contact the Department at the appropriate regional office.
(b) An applicant who may be interested in applying for a certificate of compliance shall participate in an orientation training provided by the Department within 12 months prior to issuance of a certificate of compliance. The orientation does not count toward the annual minimum of 12 clock hours of child care training required in § 3290.31(f) (relating to age and training).
(c) An applicant shall obtain a valid certificate of compliance to operate a family child care home to care for four, five or six unrelated children at a specific location. The certificate of compliance will be issued by the Department to the legal entity prior to commencement of operation at a specified location.
(d) An applicant desiring to apply for a certificate of compliance shall submit application documents, on forms prescribed by the Department, to the appropriate regional office.
(e) Prior to issuance of a certificate of compliance, the applicant or representative of the applicant shall complete professional development in each of the following topics:
(1) Prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking necessary action to comply with immunization and other health and safety requirements.
(2) Prevention of Sudden Infant Death Syndrome and use of safe sleep practices.
(3) Administration of medication, consistent with standards for parental consent.
(4) Prevention of and response to emergencies due to food and allergic reactions.
(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic.
(6) Prevention of shaken baby syndrome and abusive head trauma.
(7) Emergency preparedness and response planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility) within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.A. § 5195a(a)(1)).
(8) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
(9) Precautions when transporting children.
(10) Pediatric first aid and pediatric cardiopulmonary resuscitation.
(f) Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date the professional development was completed. Documentation shall be included with the application when it is submitted to the regional office. Documentation of the completion of the professional development under subsection (e) taken from September 30, 2016, forward satisfies this requirement.
(g) Family child care home providers that operate under a certificate of compliance prior to December 19, 2020 shall complete the professional development under subsection (e).
(h) Regarding child abuse and criminal history clearances related to the CPSL, the following apply:
(1) At initial application for a certificate of compliance, the applicant shall submit clearances for the applicant and for each individual 18 years of age or older who resides in the child care facility at least 30 days in a calendar year.
(2) At renewal, the legal entity shall submit clearances for each individual 18 years of age or older who resides in the child care facility at least 30 days in a calendar year if any of the following apply:
(i) The individual attained 18 years of age following the date of the previous application for a certificate of compliance.
(ii) The individual moved into the child care facility following the date of the previous application for a certificate of compliance.
(3) Clearances are required for the legal entity and for each individual 18 years of age or older who resides in the facility at least 30 days in a calendar year by the Department if an application for renewal is received following expiration of the current certificate of compliance.
(i) Prior to making a decision about the issuance of a certificate of compliance, the Department's agent shall conduct an announced pre-certification inspection at the location where the family child care home will operate.
(j) A certificate of compliance is issued in the manner described in Chapter 20 (relating to licensure or approval of facilities and agencies) for a period not to exceed 12 months from the date of issue.
(1) A certificate of compliance is issued to a specific legal entity at a specific location. A certificate of compliance is not transferrable.
(2) A certificate of compliance is void without notice if there is a change in the legal entity or the location of the child care facility.
(k) An agent of the Department will annually conduct at least one onsite unannounced inspection of a child care facility.
(l) Except for § 20.32 (relating to announced inspections), the requirements in Chapter 20 (relating to licensure or approval of facilities and agencies) apply to child care facilities.
(m) A facility is subject to announced and unannounced inspections in accordance with § 3290.21 (relating to Departmental access).
(n) The facility is subject to inspections as follows:
(1) An announced pre-certification inspection.
(2) An unannounced inspection, not less than annually.
(3) In response to a complaint on an unannounced basis.
(o) A legal entity desiring to renew a certificate of compliance shall submit a correct, completed application and other required materials to the appropriate regional office of the Department prior to the expiration of the current certificate of compliance.
(p) A legal entity whose facility's certificate of compliance is current as of December 19, 2020, will not be inspected under this chapter until the current certificate of compliance is due to be renewed or when a regulatory violation is alleged and the Department responds to the alleged violation with an inspection.
(q) Sanctions relating to the status of a certificate of compliance under the authority of section 1026 of the act (62 P.S. § 1026) regarding refusal to issue license; revocation; notice, § 20.54 (relating to provisional certificate of compliance), § 20.71 (relating to conditions for denial, nonrenewal or revocation) and this chapter apply to a family child care home.
§ 3290.12. Reserved.
§ 3290.13. Appeals.
(a) Appeals related to the Department's licensure decisions shall be made under 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
* * * * * (c) A facility's operator may appeal a Departmental decision relating to the status of the facility's certificate of compliance.
(d) The Department will include information relative to appeal procedures when notifying operators of one or more of the following decisions:
(1) Denial of a certificate of compliance.
(2) Failure to renew a certificate of compliance.
(3) Revocation of a certificate of compliance.
* * * * * § 3290.14. Building codes.
(a) A certificate of compliance will not be granted by the Department until the legal entity provides a certificate of occupancy as proof of compliance with the applicable requirements in 34 Pa. Code § 403.23 (relating to child day care facilities) and under section 1016(c) of the act (62 P.S. § 1016(c)).
(b) The legal entity shall maintain ongoing compliance with the applicable requirements prescribed by the Department of Labor and Industry in 34 Pa. Code § 403.23 and under section 1016(c) of the act at all times following issuance of any certificate of compliance granted by the Department under this chapter.
§ 3290.16. Child abuse reporting.
* * * * * (b) A facility person who has reasonable cause to suspect that a child is a victim of child abuse shall immediately make a report of suspected child abuse to ChildLine through the hotline at 1 (800) 932-0313, online or any other method as prescribed by the Department.
* * * * * § 3290.21. Departmental access.
* * * * * (c) An agent of the Department will inspect for compliance with this chapter in all areas of the facility premises that are accessible to children.
(d) An agent of the Department will annually conduct at least one onsite unannounced inspection of a child care facility.
(e) An announced inspection will be conducted by the Department prior to the issuance of the initial certificate of compliance.
(f) A valid photo identification of the operator or designated staff person who is responsible for compliance with this chapter shall be provided to the agent of the Department at the time of inspection.
§ 3290.22. Availability of certificate of compliance and applicable regulations.
(a) The facility's current certificate of compliance shall be posted in a conspicuous location used by parents, with instructions for contacting the appropriate regional child care office posted at the same location.
(b) The operator shall provide the parent of each child enrolled in the facility with information on how to access the regulations in this chapter electronically and with instructions for contacting the appropriate regional child care office.
(c) The operator shall post a copy of 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 must remain posted until an agent of the Department verifies that each noncompliance item noted on the inspection summary has been corrected.
§ 3290.23. Compliance with nondiscrimination requirements.
* * * * * (b) A certificate of compliance will not be granted by the Department to a legal entity unless compliance with civil rights laws and applicable regulations has been met. The applicable laws as identified on the certificate of compliance application are:
(1) The Pennsylvania Human Relations Act (43 P.S. §§ 951—962.2).
(2) The Age Discrimination Act of 1975 (42 U.S.C.A. §§ 6101—6107).
(3) Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §§ 2000d—2000d-4a).
(4) Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. §§ 2000e—2000e-5).
(5) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794).
(6) The Americans with Disabilities Act of 1990 (42 U.S.C.A. §§ 12101—12514).
(c) The appropriate forms to establish compliance shall be included with the application for certification.
§ 3290.24. Emergency plan.
(a) The facility shall have an emergency plan that provides for:
(1) Shelter of children during an emergency including lock-down, shelter in place at the facility and shelter at locations away from the facility premises.
(2) Evacuation of children from the facility building and evacuation of children to a location away from the facility premises. The evacuation routes and evacuation plans to exit the building may be the same as those required by § 3290.94 (relating to fire drills).
* * * * * (4) A method for facility persons to inform parents that the emergency has ended and to provide instruction as to how parents can safely be reunited with their children.
(5) Accommodations of infants and toddlers, children with disabilities and children with chronic medical conditions.
(b) The operator shall review the emergency plan at least annually and update the plan as needed. Each review and update of the emergency plan shall be documented in writing and kept on file at the facility.
* * * * * (d) Emergency drills shall be conducted annually. Annual emergency drills shall be documented and on file at the facility.
(e) The emergency plan shall be posted in the facility at a conspicuous location.
(f) The operator shall provide to the parent of each enrolled child a letter explaining the emergency procedures described in subsection (a). The operator shall also provide to the parent of each enrolled child a letter explaining any subsequent update to the plan.
(g) The operator shall send a copy of the emergency plan and subsequent plan updates to the local municipality and to the county emergency management agency.
§ 3290.25. Waivers.
(a) A waiver excuses an operator from meeting a regulatory standard and substitutes another standard which the operator shall meet. The substituted standard has the same legal effect as the regulatory standard.
(b) The operator shall submit the request for waiver to the regional office before the facility is inspected for issuance or renewal of a certificate of compliance.
(c) An operator may request a waiver of only the regulatory standards in the following sections:
(1) Physical site requirements in §§ 3290.61—3290.78 (relating to physical site).
(2) Equipment requirements in §§ 3290.101—3290.107 (relating to equipment).
(d) The Department will grant a waiver only if the following conditions are met:
(1) The waiver is not requested as a substitute for correcting a Departmental citation of noncompliance.
(2) The request for waiver does not alter the applicability or purpose of a regulation.
(3) The request shows evidence that the operator has a plan to achieve the objective of the regulation.
(4) The request certifies that the operator will meet regulatory standards related to the health, safety and rights of children.
(5) The request for waiver does not violate or condone noncompliance with another Federal or State law or regulation.
(6) The request for waiver may not jeopardize Federal or State funding.
FACILITY PERSONS § 3290.31. Age and training.
(a) The operator shall have the following qualifications:
(1) Be 18 years of age or older.
(2) Have a high school diploma or a general educational development certificate and submit proof to the appropriate regional office of the Department no later than the submission of the second renewal application.
(b) Staff persons shall be 18 years of age or older.
(c) A volunteer shall be 16 years of age or older. A volunteer shall be directly supervised at all times by a staff person.
(d) An individual 16 years of age or older who is enrolled in an approved training curriculum may be used as a staff person if the following guidelines are met:
* * * * * (3) The curriculum includes a minimum total of 600 clock hours, distributed as follows:
* * * * * (ii) A minimum of 200 clock hours of supervised training in a child care facility.
* * * * * (f) A staff person shall obtain an annual minimum of 12 clock hours of child care training.
* * * * * (4) Depending on the provisions of the appropriate regulation, training may be required for certain staff persons. The following constitutes competence in training areas:
* * * * * (i) Pediatric first-aid training and pediatric cardiopulmonary resuscitation (CPR). Competence is the completion of training by a professional in the field of first-aid and CPR. All staff persons shall renew their certification in pediatric first aid and pediatric CPR on or before the expiration of the most current certification.
* * * * * (g) Staff persons shall complete professional development in the following topics within 90 days of the date of hire:
(1) Prevention and control of infectious diseases (including immunization) and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking necessary action to comply with immunization and other health and safety requirements.
(2) Prevention of Sudden Infant Death Syndrome and use of safe sleep practices.
(3) Administration of medication, consistent with standards for parental consent.
(4) Prevention of and response to emergencies due to food and allergic reactions.
(5) Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water and vehicular traffic.
(6) Prevention of shaken baby syndrome and abusive head trauma.
(7) Emergency preparedness and response planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a child care facility) within the meaning of those terms under section 602(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.A. § 5195a(a)(1)).
(8) Handling and storage of hazardous materials and appropriate disposal of biocontaminants.
(9) Precautions when transporting children.
(10) Pediatric first aid and pediatric cardiopulmonary resuscitation.
(h) Completion of professional development shall be documented by the signature and title of a representative of the professional development entity and include the date the professional development was completed. Documentation of the completion of the professional development under subsection (g) taken from September 30, 2016, forward satisfies this requirement.
(i) All staff persons shall complete the professional development under subsection (g). Documentation of the completion of training shall be kept in the facility person's file or maintained in an electronic system as designated by the Department.
(j) Professional development under subsection (g) may count towards the annual clock hours under subsection (f) on a one-time basis.
(k) Staff persons shall obtain available ongoing professional development relating to the health and safety topics as specified in subsection (g) prior to obtaining professional development in other topics as permitted in subsection (f)(2).
§ 3290.32. Suitability of persons in the facility.
* * * * * (b) Questions relating to the requirements of the CPSL shall be directed to the appropriate regional child care office.
* * * * * (d) One or more facility persons competent in pediatric first-aid and pediatric cardiopulmonary resuscitation techniques shall be at the facility when one or more children are in care.
STAFF-CHILD RATIO § 3290.51. Maximum number of children.
The number of children in care may not exceed six children at any one time who are unrelated to either the legal entity or the staff person. At any one time, the related children of either the legal entity or the staff person, but not both, may be excluded in determining compliance with this section.
§ 3290.52. Ratio requirements.
The operator may provide care to no more than five related and unrelated infants and toddlers at any one time. No more than two related and unrelated infants may receive care at any one time. The following numbers of infants and toddlers are permitted in a family child care home:
* * * * * § 3290.94. Fire drills.
(a) The operator or designated staff person who is responsible for compliance with this chapter shall conduct fire drills and ensure that:
(1) Fire drills are conducted at least once every 60 days.
(2) Fire drills are conducted at different times of the day or night, or both, if applicable.
(3) Fire drills are conducted during various program activity times.
(4) The hypothetical locations of the fire are rotated around the facility for each drill such that the hypothetical location is never the same for consecutive drills.
(5) Evacuation routes are posted in a conspicuous location on each floor of the facility.
(6) Evacuation plans provide for the removal of all persons from the facility in a single trip.
(7) Facility persons and children in attendance participate in the fire drill.
(8) Facility persons and children exit the building, weather permitting.
(9) A written record is maintained on file at the facility indicating the specific time of day of the drill, the hypothetical location of the fire, the evacuation time, and the names of the facility persons and the number of children who participate in the fire drill.
§ 3290.95. Fire detection.
(a) Fire detection devices or systems must be in compliance with standards established under section 1016(c) of the act (62 P.S. § 1016(c)).
(b) The operator or designated staff person who is responsible for compliance with this chapter shall ensure the requirements in subsection (a) are met.
* * * * *
PROGRAM § 3290.113. Supervision of children.
* * * * * (e) A facility person may not restrain a child by using bonds, ties or straps to restrict a child's movement or by enclosing the child in a confined space, closet or locked room. The prohibition against restraining a child does not apply to the use of adaptive equipment prescribed for a child with special needs.
(f) When there is only one operator present in the family child care home and the operator is unable to be physically present with the children because the operator is preparing snacks or meals for children in care or the operator is using the restroom, the operator may comply with the supervision requirement in subsection (a) through the use of an electronic monitor, camera, mirror, or other device or method so the operator can see, hear, direct and assess the children in real time at all times.
(1) Supervision by a device or method under subsection (f) is permitted only for a reasonable period of time necessary for the operator to perform the specific task.
(2) The operator shall remain on the family child care home premises while supervising children by a device or method under subsection (f).
(3) A family child care home operator that provides supervision under this subsection shall include it in its supervision policies under § 3290.121(a) (relating to application).
(g) When a family child care home operator provides services for 24 hours per day, the operator may not work for a period of more than 16 hours in a 24-hour time period. The operator must secure a designated staff person to ensure that there is appropriate supervision as required in subsection (a).
ADULT HEALTH § 3290.151. Health assessment.
(a) A facility person providing direct care who comes into contact with the children or who works with food preparation shall have a health assessment on file at the facility.
(1) The operator shall submit a health assessment to the Department prior to issuance of an initial or renewal certificate of compliance.
* * * * *
NUTRITION § 3290.166. Meals for infants.
Meals for infants shall be provided in accordance with the following requirements:
* * * * * (7) Neither bottled formula nor human milk may be heated in a microwave oven.
CHILD RECORDS § 3290.184. Release of information.
(a) The parent shall have access to the child's complete child care record.
* * * * *
SPECIAL EXCEPTIONS § 3290.211. Reserved.
§ 3290.212. Reserved.
§ 3290.213. Age and training.
The operator of a facility who is lawfully operating a family child care home registered by the Department as of September 22, 2008, is permanently qualified as an operator of a family child care home.
[Pa.B. Doc. No. 20-1772. Filed for public inspection December 19, 2020, 9:00 a.m.]
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