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 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.
Authority The provisions of this § 3290.11 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901—922 and 1001—1088).
Source The provisions of this § 3290.11 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437; amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133. Immediately preceding text appears at serial pages (335122) to (225124).
Notes of Decisions General
Daycare provider appealed a Department decision to revoke her permit. Because the provider was allowed to operate during the pendency of her appeal, the appeal was dismissed as moot when the permit in question expired at the end of its 2-year term. Britt v. Department of Public Welfare, 787 A.2d 457 (Pa. Cmwlth. 2001).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
