STATEMENTS OF POLICY
DEPARTMENT OF PUBLIC
WELFARE
[55 PA. CODE CHS. 3270, 3280 AND 3290]
Departmental Access to the Facility Premises
[26 Pa.B. 3552] The purpose of this statement of policy is to inform child day care facility operators that agents of the Department of Public Welfare (Department) will inspect all areas of the facility premises that are accessible to children.
Discussion
Current regulations require that a staff person shall provide to agents of the Department immediate access to the facility, children, files and records (§§ 3270.24, 3280.23 and 3290.21). The Department's inspection has been confined to areas of the facility identified by the operator for use by the children in care.
Following a child's death in a pool that was declared by the operator to be off-limits for children in care, the Department has determined to clarify its position regarding the extent of its inspection. The Department determines that an area of the facility not identified for use by children in care may nonetheless be accessed by a child. Conditions in that area may pose a hazard to a child who enters the area. The Department's agents are responsible to determine the hazardous condition of any area of a premise that may be accessible to children.
Interpretation
Agents of the Department will inspect the safety of all areas of the child day care facility premises that are accessible to children.
Contact Person
Comments and questions regarding this statement of policy should be directed to Jennifer Lau, Bureau of Child Day Care Services, 4th Fl., Bertolino Bldg., 1401 N. 7th St., Harrisburg, PA 17105-2675, (717) 787-8691.
Effective Date
The 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 55 Pa. Code §§ 3270.24a, 3280.23a and 3290.21a, to read as set forth in Annex A.)
Fiscal Note: 14-BUL-47. 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 § 3270.24a. Departmental access--statement of policy.
Agents of the Department will inspect the safety of all areas of the child day care facility premises that are accessible to children.
CHAPTER 3280. GROUP DAY CARE HOMES
GENERAL REQUIREMENTS § 3280.23a. Departmental access--statement of policy.
Agents of the Department will inspect the safety of all areas of the child day care facility premises that are accessible to children.
CHAPTER 3290. FAMILY DAY CARE HOMES
GENERAL REQUIREMENTS § 3290.21a. Departmental access--statement of policy.
Agents of the Department will inspect the safety of all areas of the child day care facility premises that are accessible to children.
[Pa.B. Doc. No. 96-1210. Filed for public inspection July 26, 1996, 9:00 a.m.]
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