§ 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.
Notes of Decisions Protection of Children Paramount
To sacrifice the safeguards provided by these regulations solely on the basis of the Department of Public Welfare’s procedural error in delaying to schedule a hearing on the day care provider’s appeal would serve only to penalize the children. Dismissal on procedural grounds, where judicial review establishes that the provider suffered no prejudice and that the finding of gross incompetence, negligence and misconduct was, in fact, supported by substantial evidence, would visit an injustice upon the very party these regulations were intended to protect. Winston v. Department of Public Welfare, 675 A.2d 372 (Pa. Cmwlth. 1996).
Authority The provisions of this § 3280.2 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901—922 and 1001—1088).
Source The provisions of this § 3280.2 amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133. Immediately preceding text appears at serial page (335061).
Cross References This section cited in 55 Pa. Code § 3280.221 (relating to requirements specific to school-age programs).
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