CHAPTER 3280. GROUP CHILD DAY CARE HOMES

§ 3280.1. Introduction.

 This chapter is promulgated to facilitate the safe and healthful care of a child in group child day care home and to support families by providing care that promotes the emotional, cognitive, communicative, perceptual-motor, physical and social development of the child.

 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 day care homes. This chapter identifies the minimum level of compliance necessary to obtain the Department’s certificate of compliance.

   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).

 (a)  This chapter applies to facilities in which out-of-home care is provided, at one time, for part of a 24-hour day to more than six but fewer than 16 older school-age level children or more than six but less than 13 children of any other age level, including:

   (1)  Care provided to a child at the parent’s work site when the parent is not present in the child care space.

   (2)  Care provided in private or public, profit or nonprofit facilities.

   (3)  Care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens.

 (b)  This chapter does not apply to:

   (1)  Care provided by relatives.

   (2)  Care furnished in places of worship during religious services.

   (3)  Care provided in a facility where the parent is present at all times child care is being provided.

   (4)  Care provided during the hours of instruction in nonpublic schools and in private nursery schools and kindergartens.

 (c)  A legal entity seeking to operate a child day 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).

 (d)  Requirements relating to programs serving only school-age children are located at §  3280.221 (relating to requirements specific to school-age programs).

 This chapter is not applicable to a part-day school-age program for children who attend kindergarten or older but under 16 years of age as follows:

   (1)  A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date the program closes. This clarification does not apply to a legal entity that has a certificate of compliance to operate a child care center or group child care home and that increases its enrollment to include school-age children in the summer and on school holidays.

   (2)  A part-day school-age program that operates 2 hours or less per day for 3 or fewer days per week.

   (3)  A part-day school-age program that has a single purpose for the children’s attendance and that purpose is the only focus of the program. For example, basketball or art class.

   (4)  Tutoring programs that are licensed by or approved and funded by the Pennsylvania Department of Education (PDE), for example:

     (i)   Tutoring centers and educational testing and remedial centers licensed by PDE under 22 Pa. Code Chapters 61 and 63 (relating to tutoring centers; and educational testing and remedial centers).

     (ii)   Educational assistance programs operated by school districts directly or by contract with an outside provider approved by PDE.

     (iii)   Classroom Plus Programs.

     (iv)   Supplemental Education Services Programs.

   (5)  A drop-in program where the child may come and go at will. grams).

 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 Public Welfare Code (62 P. S. § §  101—1411).

   Age level—The grouping category appropriate for the child’s age.

     (i)   Infant—A child from birth to 1 year of age.

     (ii)   Young toddler—A child from 1 to 2 years of age.

     (iii)   Older toddler—A child from 2 to 3 years of age.

     (iv)   Preschool child—A child from 3 years of age to the date the child enters kindergarten in a public or private school system.

     (v)   Young school-age child—A child who attends kindergarten to the date the child enters the 4th grade of a public or private school system.

     (vi)   Older school-age child—A child who attends the 4th grade of a public or private school system through 15 years of age.

   CPS—Children’s Protective Services.

   CPSL—Child Protective Services Law—Title 23 of the Pennsylvania Consolidated Statutes Chapter 63 (relating to Child Protective Services Law).

   CRNP—Certified Registered Nurse Practitioner.

   Casual contact—The ordinary, routine and age-appropriate 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 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—1056).

   Child—A person 15 years of age or younger.

   Child abuse—Serious physical or mental injury which is not explained by the available medical history as being accidental; sexual abuse or sexual exploitations; or serious physical neglect of a child if the injury, abuse or neglect of a child has been caused by the acts or omissions of the child’s parent, by a person responsible for the child’s welfare, by an individual residing in the same home as the child or by a paramour of the child’s parent. A child will not be deemed to be physically or mentally abused for the sole reason that the child is in good faith being furnished treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner thereof or is not provided specified medical treatment in the practice of religious beliefs or solely on the grounds of environmental factors which are beyond the control of the person responsible for the child’s welfare, such as inadequate housing, furnishings, income, clothing and medical care.

   Child care experience—Care for a child in lieu of care by the parent or guardian for part of a 24-hour day. The term includes care of foster children in a court-supervised arrangement. The term does not include care of related children who reside with an individual. The term does not include supervised onsite training in the case of a student who is fulfilling the requirements of a secondary or postsecondary child care training or educational curriculum.

   Child with special needs—A child who has one or more of the following:

     (i)   A disability or developmental delay identified on an IEP, an IFSP or a service agreement.

     (ii)   A written behavioral plan that has been determined by a licensed physician, licensed psychologist or certified behavior analyst.

     (iii)   A chronic health condition diagnosed by a licensed physician, physician’s assistant or CRNP that requires health and related services of a type or amount beyond that required by children generally.

   Communicable disease—An illness due to an infectious agent or its toxic products which is transmitted directly or indirectly by the infected agent to a susceptible host. Communicable diseases are specified in 28 Pa. Code Chapter 27 (relating to communicable and noncommunicable diseases).

   Department—The Department of Public Welfare of the Commonwealth.

   Facility—A group child day care home.

   Facility person—A primary staff person, a secondary staff person, a substitute staff person, a volunteer or another adult who serves in or is employed by a facility.

   Group—Children assigned to the care of one, two or three staff persons. A group occupies a space or a defined part of a space.

   Group child day care home—The premises in which care is provided at one time for more than six but fewer than 16 older school-age level children or more than six 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 another premises.

   IEP—Individualized education program as defined in 22 Pa. Code § §  14.101 and § §  14.131—14.133 (relating to defintions; and IEP).

   IFSP—Individualized family service plan as defined in § §  4226.5 and 4226.71—4226.77 (relating to definitions; and IFSPs).

   Inspection summary—A document prepared by an agent of the Department describing each regulatory noncompliance item confirmed as a result of a facility inspection.

   Legal entity—A person, society, corporation, governing authority or partnership that is legally responsible for the administration of one facility or several facilities, or one type of facility or several types of facilities.

   Night care—Care for a child between the hours of 7 p.m. and 7 a.m.

   Operator—The legal entity or a person designated by the legal entity to serve as the primary staff person.

   Parent—The biological or adoptive mother or father or the guardian 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 day care in a Departmentally certified facility during the hours when a child is not required to attend school.

   Service agreement—A service agreement as defined in 22 Pa. Code § §  15.2 and 15.7 (relating to definitions; and service agreement).

   Space—An indoor or outdoor area designed for child care that is large enough to accommodate the maximum number of children allowed under this chapter. A space may be used by more than one group of children.

   Staff person—A person included in the regulatory ratio and who is responsible for child care activities.

   Supervise—To be physically present with a group of children or with the facility person under supervision. Critical oversight in which the supervisor can see, hear, direct and assess the activity of the supervisee.

   Volunteer—A person 16 years of age or older who is not included in the regulatory ratio, and who assists in implementing daily program activities under the supervision of a staff person.

   Waiver—The Department’s written exemption from the requirement of meeting a standard set forth in this chapter.

   Year—For purposes of calculating, 1 year of child care experience is a minimum of 1,250 clock hours.

   The provisions of this §  3280.4 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.4 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (330139) to (204605).

   This section cited in 55 Pa. Code §  3280.122 (relating to admission interview); and 55 Pa. Code §  3280.221 (relating to requirements specific to school-age programs).

GENERAL REQUIREMENTS

§ 3280.11. Application for and issuance of a certificate of compliance.

 (a)  A legal entity shall obtain a valid certificate of compliance to operate at a specific location. The certificate of compliance will be issued by the Department to a legal entity prior to commencement of operation at a specified location.

 (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 day care home. The orientation does not count toward the annual minimum of 6 hours of child care training required in §  3280.31(e) (relating to age and training).

 (c)  Application for a certificate of compliance shall be submitted to the appropriate regional day care office in accordance with Chapter 20 (relating to the licensure or approval of facilities and agencies).

 (d)  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.

 (e)  A facility will be inspected at least once every 12 months by an agent of the Department.

 (f)  The facility is subject to announced and unannounced inspections in accordance with §  3280.23 (relating to Departmental access).

 (g)  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.

 (h)  A facility whose certificate of compliance is current as of September 22, 2008, 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.

   The provisions of this §  3280.11 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.11 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (204605).

 (a)  Appeals related to the Department’s approval or 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).

 (b)  Appeals related to the Department’s approval or licensure shall be made by filing a petition within 30 days after service of notice of the action.

 (c)  An operator may appeal a Departmental decision relating to the status of a certificate of compliance of a facility owned or operated by the legal entity.

 (d)  The Department will include information relative to appeal procedures when notifying operators of one or more of the following decisions:

   (1)  The denial of a certificate of compliance.

   (2)  The nonrenewal of a certificate of compliance.

   (3)  The revocation of a certificate of compliance.

   (4)  The issuance of a provisional certificate of compliance.

   (5)  The establishment of a period for which a provisional certificate of compliance is issued.

   (6)  The reduction of the maximum facility capacity.

   (7)  The denial of an increase in facility capacity.

   (8)  The limiting or precluding admission of persons into the facility.

 (e)  Subsection (b) supersedes the appeal period of 1 Pa. Code §  35.20 (relating to appeals from actions of the staff).

   The provisions of this §  3280.12 amended October 3, 2008, effective November 3, 2008, 38 Pa.B. 5435. Immediately preceding text appears at serial page (335067).

 (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 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 set forth in the following sections:

   (1)  Accreditation requirements which apply to §  3280.34 (relating to primary staff person qualifications and responsibilities).

   (2)  Physical site requirements in § §  3280.61—3280.81 (relating to physical site).

   (3)  Equipment requirements in § §  3280.101—3280.108 (relating to equipment).

   (4)  Program requirements in § §  3280.111—3280.118 (relating to program).

 (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 all 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 statute or regulation.

   (6)  The request for waiver does not jeopardize Federal or State funding.

 A facility shall be operated in conformity with applicable Federal and State laws and regulations. State agencies whose regulations may relate to the operation of a facility include the Department of Environmental Resources, the Department of Labor and Industry, the Department of Health, the Department of Education and the Department of Transportation.

 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).

   The provisions of this §  3280.15 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.15 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (204607).

 (a)  The operator shall make reasonable accommodation to include a child with special needs in accordance with applicable Federal and State laws.

 (b)  The operator shall permit an adult individual who provides specialized services to a child with special needs to provide those services on the facility premises as specified in the child’s IEP, IFSP or written behavioral plan.

 (c)  The operator shall make staff persons and parents aware of community resources for the family of a child who may have special needs. The Department will provide to the operator information regarding community resources.

   The provisions of this §  3280.16 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.16 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (204607).

 The legal entity shall have comprehensive general liability insurance to cover all persons who are on the premises. A current copy of the insurance policy shall be on file at the facility.

 (a)  An operator or a staff person who has reason to believe that a child enrolled in the facility has been abused is required to report suspected child abuse to ChildLine as mandated by the CPSL.

 (b)  A staff person may be designated by the operator as the person responsible to notify ChildLine of suspected child abuse. The operator or designated staff person with this responsibility shall immediately notify ChildLine at 1 (800) 932-0313.

 (c)  Within 48 hours, a written report regarding the suspected child abuse shall be submitted by the operator or designated staff person to the CPS unit which has responsibility for investigating the report.

 (a)  The operator shall immediately notify a child’s parent and shall notify the appropriate regional office of the Department within 24 hours if one or more of the following occurs:

   (1)  Inpatient hospitalization or emergency room treatment of a child receiving care at the facility.

   (2)  A death of a child receiving care at the facility.

   (3)  A facility fire that requires the service of a fire department.

 (b)  The operator shall mail or deliver a written report to the appropriate regional office of the Department within 72 hours after the occurrence of an event described in subsection (a).

 (c)  The report shall include the following information:

   (1)  The name, address and telephone number of the facility.

   (2)  The name, address and birth date of the child.

   (3)  The name and address of the child’s parent or guardian.

   (4)  A description of the incident, including the date, time and location of the incident and the equipment involved.

   (5)  The name and telephone number of local authorities notified.

   (6)  The nature of the treatment.

   (7)  The name and address of the place where treatment was received.

   (8)  The required follow-up.

 (d)  The staff person who prepared the report shall sign and date it.

 (e)  Copies of reports shall be kept in a file at the facility.

 Conditions at the facility may not pose a threat to the health or safety of the children.

 The operator shall establish either oral or written communication in the language or mode of communication which is understandable to the parent.

 A parent of a child in care shall be permitted free access, without prior notice, throughout the child care spaces whenever children are in care, unless a court of competent jurisdiction has limited the parent right of access to the child and a copy of the order is on file at the facility. Opportunity shall be provided for parents to participate in the facility’s program. The operator shall maintain a yearly file which documents general announcements to promote parent participation. The file shall be updated annually.

 (a)  A staff person shall provide to agents of the Department immediate access to the facility and, upon request, to the children and the files and records.

 (b)  An inspection will be conducted during normal business hours except when there is reasonable cause to believe that inspections at other times are necessary to detect violations of applicable statutes and regulations.

 (c)  An agent of the Department will inspect compliance with this chapter in all areas of the facility premises that are accessible to children.

   The provisions of this §  3280.23 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.23 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (302114).

 (a)  The facility’s current certificate of compliance and a copy of the applicable regulations under which the facility is certified shall be posted in a conspicuous location used by parents, with instructions for contacting the appropriate regional day care office posted at the same location.

 (b)  The operator shall post a copy of each inspection summary issued by the Department in a conspicuous location used by parents. The inspection summary must remain posted until an agent of the Department verifies that each regulatory noncompliance item cited on the inspection summary has been corrected.

   The provisions of this §  3280.24 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.24 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (302115).

 (a)  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).

 (b)  The appropriate forms to establish compliance shall be included with the application for certification.

 (a)  The facility shall have an emergency plan that provides for:

   (1)  Shelter of children during an emergency including 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(f) and (g) (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.

 (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.

 (c)  Each facility person shall receive training regarding the emergency plan at the time of initial employment, on an annual basis and at the time of each plan update. The date of each training and the name of each facility person who received the training shall be documented in writing and kept on file at the facility.

 (d)  The emergency plan shall be posted in the facility at a conspicuous location.

 (e)  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.

 (f)  The operator shall send a copy of the emergency plan and subsequent plan updates to the county emergency management agency.

   The provisions of this §  3280.26 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.26 adopted May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437.

   This section cited in 55 Pa. Code §  3280.221 (relating to requirements specific to school-age programs).

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.

 (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 day care facility.

   (4)  A representative of the training institution certifies in writing that the individual has completed the required classroom training and is currently enrolled in the curriculum.

   (5)  The written certification required in paragraph (4) shall be retained in the staff file at the facility.

 (d)  Child care professional credentials are equivalent to the following staff qualifications:

   (1)  A Child Development Associate (CDA) credential or a Certified Childcare Professional (CCP) credential is equivalent to 9 credit hours from an accredited college or university in early childhood education or child development and 1 year experience with children.

   (2)  A Pennsylvania school-age professional credential is equivalent to 9 credit hours from an accredited college or university in elementary education or child development and 1 year experience with children.

 (e)  A staff person shall obtain an annual minimum of 6 clock hours of child care training.

   (1)  Acceptable training is conducted in one or more of the following settings:

     (i)   By a secondary or postsecondary 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 Post-secondary Accreditation and acceptable to the Department of Education.

     (ii)   By an entity that is licensed or certified professionally competent in the training topic.

     (iii)   In conferences or workshops.

     (iv)   With audio-visual materials recognized by child care professionals.

   (2)  Acceptable training topics include the following:

     (i)   Child or staff health.

     (ii)   Child development, early childhood education and special education.

     (iii)   Supervision, discipline and guidance of children.

     (iv)   Nutrition for children.

     (v)   Child care program development.

     (vi)   Child care staff person or volunteer professional development.

   (3)  Other training topics may be submitted for the Department’s review and approval.

   (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)   First-aid training. Competence is completion of training by a professional in the field of first-aid. First-aid training shall be renewed on or before the expiration of certification of every 3 years, as applicable.

     (ii)   Lifeguard training. Competence is completion of lifeguard training, including first-aid training and cardiopulmonary resuscitation (CPR) for child and infant.

     (iii)   Water safety instruction. Competence is completion of basic instruction in water safety from a certified lifeguard.

 (f)  Completion of training shall be documented by the signature and title of a representative of the training entity and include the date training was completed. Documentation shall be retained in the facility person’s file.

   The provisions of this §  3280.31 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.31 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437; corrected September 19, 2008, effective May 24, 2008, 38 Pa.B. 5168. Immediately preceding text appears at serial pages (335073) to (335074).

 (a)  The operator shall comply with the CPSL and Chapter 3490 (relating to protective services).

 (b)  Questions relating to the requirements of the CPSL shall be directed to the appropriate regional child day care office.

 (c)  The operator may not allow an individual to enter the facility if the operator knows that the individual has been convicted or is awaiting trial on charges involving a crime of child abuse, child neglect, physical violence or moral corruptness.

 (a)  A staff person or a substitute staff person shall meet one of the applicable staff qualifications for the position in which the person is performing.

 (b)  A volunteer shall be supervised by a staff person.

 (c)  One or more facility persons competent in first-aid techniques shall be at the facility when one or more children are in care.

 (a)  A primary staff person is responsible for the supervision of children receiving care in the facility.

 (b)  A primary staff person shall have attained one of the following qualification levels:

   (1)  A high school diploma or a general educational development certificate and 30 credit hours from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field.

   (2)  A high school diploma or a general educational development certificate including 600 or more hours of secondary training described in §  3280.31(c) (relating to age and training).

   (3)  A high school diploma or a general educational development certificate, 15 credit hours from an accredited college or university in early childhood education, child development, special education, elementary education or the human services field and 1 year of experience with children.

   (4)  A high school diploma or a general educational development certificate and completion of a postsecondary training curriculum described at §  3280.31(c).

   (5)  A high school diploma or a general educational development certificate and 2 years of experience with children.

 (c)  A primary staff person shall supervise the performance of a secondary staff person.

 A secondary staff person shall have attained one of the following qualification levels:

   (1)  A high school diploma or a general educational development certificate.

   (2)  A minimum of an 8th grade education and enrollment in a training curriculum described at §  3280.31(c) (relating to age and training). The classroom training portion of the curriculum shall be completed. Documentation of completion of classroom training and continuing enrollment in the training curriculum shall be included in the staff person’s file.

   (3)  A minimum of an 8th grade education and 2 years of experience with children.

STAFF:CHILD RATIO

§ 3280.51. Maximum number of children.

 No more than 12 children unrelated to the operator may simultaneously receive care except in a facility serving older school-age children. In a facility serving only older school-age children, a certificate of compliance may be issued for up to 15 children unrelated to the operator.

   Illustrative Cases

   The facility exceeded the maximum allowable capacity for a group child day care home by almost 50 percent. This conduct did, indeed, amount to gross imcompetence, negligence or misconduct. Winston v. Department of Public Welfare, 675 A.2d 372 (Pa. Cmwlth. 1996).

 (a)  The minimum number of facility persons is as follows:

   (1)  A primary staff person shall be present in a facility when six or fewer children are in care, unless the staff:child ratio specified in subsection (b) or (c) requires a second or third staff person.

   (2)  At least two facility persons shall accompany any number of children on an excursion away from a facility.

 (b)  When children are grouped in similiar age levels, the following child group sizes and ratios of staff persons apply:

 (c)  When children are grouped in mixed age levels, the age of the youngest child in the group determines the staff:child ratio and maximum group size in accordance with the requirements in subsection (b).

   The provisions of this §  3280.52 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.52 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (312274) to (312276).

   Insufficient Supervision

   Thirteen infants and toddlers, some not old enough to sit up, were left alone on the first floor of the provider’s facility with no adult supervision whatsoever. This regulation requires at least three staff persons supervising a group of twelve infants and toddlers at all times; therefore, the facility’s supervisory staff was woefully inadequate for such a large group of children. Winston v. Department of Public Welfare, 675 A.2d 372 (Pa. Cmwlth. 1996).

 (a)  The related or foster children of an operator and the children or foster children of a staff person shall be counted for the purpose of satisfying the staff/child ratio requirements in §  3280.52 (relating to ratio requirements).

 (b)  The related or foster children of an operator and the children or foster children of a staff person shall be counted for the purpose of satisfying the allocated space capacity requirements set forth in § §  3280.61 and 3280.62 (relating to measurement and use of indoor child care space; and measurement and use of play space).

   This section cited in 55 Pa. Code §  3280.113 (relating to supervision of children); and 55 Pa. Code §  3280.221 (relating to requirements specific to school-age programs).

PHYSICAL SITE

§ 3280.61. Measurement and use of indoor child care space.

 (a)  A facility shall provide indoor child care space for individual and group small muscle activity.

 (b)  Indoor child care space may not be used simultaneously as play space.

 (c)  Indoor child care space is measured within permanent, stationary partitions or walls. The allowable number of children in a space is determined by dividing the total square feet in a space by 40.

 (d)  Measured indoor space includes space occupied by cupboards, shelves, furniture and equipment.

 (e)  Measured indoor space does not include space occupied by halls, bathrooms, offices, kitchens and locker rooms.

 (f)  Indoor space in which children are receiving care may not be used simultaneously for other business, commercial, social or another purpose unrelated to the child care being offered.

 (g)  Preschool and school-age children may not be involved in small or large muscle activity in the same group space in which children are sleeping or resting.

 (h)  The capacity established for an indoor space may not be exceeded except in the following situations:

   (1)  At naptime, when toddler or preschool children are resting on rest equipment described in §  3280.105 (relating to rest equipment) if the following conditions are met:

     (i)   The capacity is determined by the requirement for placement of rest equipment described in §  3280.105(f).

     (ii)   The capacity may be exceeded for no longer than 2 1/2 consecutive hours and no more than twice in a program day.

   (2)  When older toddler, preschool or school-age children are participating in a program activity if the following conditions are met:

     (i)   The capacity of the indoor child care space may be exceeded for no more than two separate 1/2 hour time periods daily.

     (ii)   Each time period shall be designated on the facility’s schedule of daily activities.

     (iii)   The space may not be occupied by children of the infant or young toddler age levels during a time period when the capacity is exceeded.

     (iv)   The number of children present in the space may not be more than twice the measured capacity of the space.

   (3)  When a meal is served in a space designated and measured as indoor child care space if the following conditions are met:

     (i)   The capacity of a space may be exceeded when children are eating for no more than 1 hour daily.

     (ii)   The meal time shall be designated on the facility’s schedule of daily activities.

     (iii)   The number of children present in the space may not be more than twice the measured capacity of the space.

   The provisions of this §  3280.61 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.61 corrected April 24, 1992, effective April 4, 1992, 22 Pa.B. 2243; amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (312276) and (268709).

 (a)  A facility shall provide outdoor or indoor play space to be used for large muscle activity which includes running, jumping, climbing and riding.

 (b)  Outdoor or indoor play space shall be measured at 65 square feet per child, except in the following situations:

   (1)  The minimum outdoor or indoor play space required per infant is 40 square feet.

   (2)  The minimum outdoor or indoor play space required per young or older toddler is 50 square feet.

 (c)  Outdoor or indoor play space shall be safe for large muscle activity.

 (d)  Outdoor or indoor play space in which children are receiving care may not be used simultaneously for other business, commercial, social or another purpose unrelated to the child care being offered.

 If unsafe areas or conditions are in or near an outdoor play space, fencing or natural barriers are required to restrict children from those unsafe areas or conditions.

 Outside walkways shall be free from ice, snow, leaves, equipment and other hazards.

 Protective receptacle covers shall be placed in electrical outlets accessible to children 5 years of age or younger.

 (a)  Cleaning materials and other toxic materials shall be stored in an original labeled container or in a container that specifies the content. Toxics shall be kept in a locked area or in an area inaccessible to children, and shall be stored away from food, food preparation areas and child care spaces.

 (b)  Cleaning materials and other toxic materials shall be used in a way that does not contaminate play surfaces, food and food preparation areas and does not constitute a hazard to the children.

 (c)  Toxic plants are not permitted in a child care space.

 (d)  Arts and crafts materials shall be nontoxic.

 (a)  Trash shall be removed from the facility at least once per day.

 (b)  Trash shall be removed from the facility grounds at least once per week.

 (c)  Evidence of infestation of insects or rodents in the facility is not permitted.

 (d)  Trash that has been contaminated by human secretion or excrement shall be kept in closed plastic-lined receptacles.

 (a)  Cigarettes, pipes or cigars may not be smoked in a child care space, a play space or a food preparation area when children are in care or when food is being prepared.

 (b)  Ashes and cigarette or cigar butts are prohibited in a child care space, a play space or a food preparation area.

 (a)  Hot water temperature, in areas accessible to children, may not exceed 110° F.

 (b)  A safe and adequate supply of drinking water shall be made available to children of all ages throughout the day.

 (c)  Drinking water shall be provided to children who are out-of-doors for a period exceeding 1 hour.

 (a)  The indoor temperature must be at least 65° F.

 (b)  If the indoor temperature exceeds 82° F in a child care space, a means of mechanical air circulation must be operating.

   The provisions of this §  3280.70 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.70 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (315870).

 Hot water pipes and other sources of heat exceeding 110° F that are accessible to children shall be equipped with protective guards or shall be insulated to prevent direct contact.

 (a)  Natural or mechanical ventilation shall be provided in child care spaces.

 (b)  Windows or doors used for ventilation shall be screened when open.

 (c)  Screens shall be in good repair.

 (d)  Windows or door above the ground floor that open directly to the outdoors and are accessible to children shall be constructed, modified or adapted to limit the opening to 6 or fewer inches.

 A facility shall have an operable telephone. A facility that has an unpublished telephone number shall make the number available to the parent, the release persons of the children in care, an agency that oversees or funds the facility and the appropriate regional office of the Department.

 Telephone numbers of the nearest hospital, police department, fire department, ambulance and poison control center shall be posted by each telephone in the facility.

 (a)  A first-aid kit shall be kept in a facility.

 (b)  A first-aid kit must be inaccessible to children.

 (c)  A first-aid kit must contain the following: soap, an assortment of adhesive bandages, sterile gauze pads, tweezers, tape, scissors and disposable, nonporous gloves.

 (d)  One first-aid kit per child care group must accompany children and facility persons on excursions from the facility. Each first aid kit taken on an excursion must contain a bottle of water in addition to the items specified in subsection (c).

   The provisions of this §  3280.75 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.75 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (315871).

 Floors, walls, ceilings and other surfaces, including the facility’s outdoor play space surfaces, shall be kept clean, in good repair and free from visible hazards.

 (a)  Peeled or damaged paint or damaged plaster is not permitted on indoor or outdoor surfaces in the child care facility.

 (b)  When indoor or outdoor surfaces are repaired or when new indoor or outdoor surfaces are painted, the paint may not contain more than .06% lead.

 (c)  A child may not be present during removal of paint from the indoor or outdoor surfaces of a facility.

 (d)  Removal, clean-up and disposal of leaded paint dust and debris shall be accomplished in a manner that avoids dispersal of dust and debris into the environment.

 (e)  Abrasive removal methods which include dry sanding, electrical sanding and sandblasting, or open flame burning, or a removal process that permits the release of leaded particulate material into the environment are prohibited.

 (f)  Dust and debris generated by removal shall be disposed of in accordance with applicable Federal, State and local regulations.

 (g)  Child care may resume when the removal process is completed and when accompanying debris is removed.

 Rooms, hallways, stairways, outside steps, porches and ramps shall be lighted by artificial or natural light.

 (a)  If the facility is located in a building or a space which is not a residence, weapons, firearms and ammunition are prohibited.

 (b)  If the facility is located in a residence, weapons and firearms shall be contained in a locked cabinet.

 (c)  If the facility is located in a residence, ammunition shall be contained in a locked area separate from weapons and firearms.

 (d)  If the facility is located in a residence, the operator shall notify the parent when weapons, firearms or ammunition are present at the facility.

 A visual strip or other visual identification shall be placed on glass located in a traffic area, a child care space or a play space.

 (a)  A facility shall have at least one indoor flushing toilet and one sink. Running water shall be available at the sink.

 (b)  A training chair is not a flushing toilet. Training chairs may be used, if emptied and sanitized after each use. A sanitizing solution of 1/4 cup bleach to 1 gallon of water may be used. A sanitizing solution shall be treated as a toxic under §  3280.66 (relating to toxics).

 (c)  Toilets and training chairs shall be located in rooms separate from rooms used for cooking or eating.

   This section cited in 55 Pa. Code §  3280.13 (relating to waivers); and 55 Pa. Code §  3280.221 (relating to requirements specific to school-age programs).

FIRESAFETY

§ 3280.91. Exits.

 (a)  Stairways, hallways, exits from rooms, exits from the facility and other means of egress serving as an exit shall be unobstructed.

 (b)  Protective gates are permitted, if they open easily and are not disapproved by building codes or local ordinances.

 (c)  If a door or doorway opens or exits directly into a stairwell and if there is no landing beyond the door or doorway, the door shall be restricted from opening or shall be removed and a secure barrier to prevent access to the stairwell shall be erected.

 (a)  Portable space heaters, if allowed by local ordinance, may be used while children are in care, if the units are used in accordance with the manufacturer’s operating instructions.

 (b)  Fixed and portable space heaters shall be insulated or equipped with protective guards.

 (c)  The manufacturer’s instructions for use shall be kept in an accessible area in the facility.

 (d)  A fixed space heater shall be approved for use by a local firesafety professional. Written approval of the installation and written approval for use shall be on file at the facility.

 Fireplaces, fireplace inserts or woodburning and coalburning stoves, if allowed by local ordinance, shall be securely screened or equipped with protective guards while in use.

 (a)  A fire drill shall be held at least every 60 days. Staff persons, volunteers and children in attendance shall participate in the fire drill and shall exit the facility, weather permitting.

 (b)  A written record shall be kept of the date, the time of day, the hypothetical location of the fire, the evacuation time, the names of the facility persons and the number of children participating in the fire drill.

 (c)  Fire drills shall be held at different times of the day or night, or both, if applicable.

 (d)  Fire drills shall be held during various program activity times.

 (e)  Hypothetical locations of the fire shall be changed for each drill.

 (f)  Evacuation routes shall be posted.

 (g)  Evacuation plans shall provide for removal of all persons from the facility in a single trip.

   This section cited in 55 Pa. Code §  3280.26 (relating to emergency plan); and 55 Pa. Code §  3280.221 (relating to requirements specific to school-age programs).

EQUIPMENT

§ 3280.101. Type of play equipment.

 (a)  Play equipment and materials appropriate to the developmental needs, individual interests and ages of the children shall be provided in sufficient amount and variety to preclude long waits for use.

 (b)  Play equipment and materials shall include items from each of the following six categories:

   (1)  Materials for dramatic role playing.

   (2)  Toys and materials for cognitive development.

   (3)  Toys and materials for visual development.

   (4)  Toys and materials for auditory development.

   (5)  Toys to handle and manipulate and art materials for tactile development.

   (6)  Toys and equipment for large muscle development.

 (c)  Play equipment shall facilitate the child’s emotional, cognitive, communicative, perceptual-motor, physical and social development.

 (a)  Toys, play equipment and other indoor and outdoor equipment used by the children must be clean, in good repair and free from rough edges, sharp corners, pinch and crush points, splinters and exposed bolts.

 (b)  Toys soiled by secretion or excretion shall be cleaned with soap and water, rinsed and sanitized before being used by a child.

 (c)  Outdoor equipment that requires embedded mounting must be mounted over a loose-fill or unitary playground protective surface covering that meets the recommendations of the United States Consumer Product Safety Commission. The equipment must be anchored firmly and be in good repair.

 (d)  Slides that are over 4 feet high must have guards along both sides of the ladder.

 (e)  Pea gravel and other materials with a diameter of less than 1 inch may not be used in spaces where infants or toddlers receive care.

 (f)  Children’s toys and equipment, including furniture and rest equipment, described as hazardous by the United States Consumer Product Safety Commission may not be used by children at the facility and may not be on the premises at the facility. At the time of inspection, the operator shall submit to the Department written affirmation on a form provided by the Department stating that the facility is in compliance with this requirement.

   The provisions of this §  3280.102 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.102 amended May 23, 2008, effective September 22, 2008; except for §  3280.102(c) and (e) which shall take effect September 22, 2010, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (230402) to (230403).

 Toys and objects with a diameter of less than 1 inch, objects with removable parts that have a diameter of less than 1 inch, plastic bags and styrofoam objects may not be accessible to children who are still placing objects in their mouths.

 High chairs shall have a wide base and a T-shaped safety strap.

 (a)  Individual, clean, age-appropriate rest equipment shall be provided for preschool, toddler and infant children as agreed between the child’s parent and the operator. The rest equipment must be labeled for the use of a specific child and used only by the specified child.

 (b)  Bed linens may not be used alone as age-appropriate rest equipment.

 (c)  Stacked cribs may not be used.

 (d)  Crib and playpen slats may be no more than 2 3/8 inches apart.

 (e)  Seasonal, appropriate covering, such as sheets or blankets, shall be provided as agreed between the child’s parent and the operator.

 (f)  At least 2 feet of space is required on three sides of a bed, cot, crib or other rest equipment while the equipment is in use.

 (g)  Linens, blankets and rest equipment shall be cleaned monthly, at a minimum. The operator shall arrange a cleaning schedule with the parent.

 (h)  Soiled bedding shall be cleaned before it is reused.

 (i)  The upper level of double-deck beds may not be used for children 8 years of age or younger.

 (j)  Toys, bumper pads or pillows may not be present in a crib while an infant is sleeping in the crib.

   The provisions of this §  3280.105 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.105 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (230403) to (230404).

 The facility shall have an operable, clean refrigerator used to store potentially hazardous food. The refrigerator shall be capable of maintaining food at 45° or below. An operating thermometer shall be placed in the refrigerator.

 (a)  Eating and drinking utensils shall be free from cracks and chips.

 (b)  Disposable cups, plates and eating utensils may be used if discarded after each use.

 (c)  Styrofoam cups and plates may not be used.

 (a)  Furniture must be durable, safe, easily cleaned and appropriate for the child’s size, age and special needs.

 (b)  Study space, tables, chairs, paper and pencils shall be provided for school-age children in care, if necessary for the program offered by the facility.

   The provisions of this §  3280.108 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.108 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (230404).

   This section cited in 55 Pa. Code §  3280.13 (relating to waivers); and 55 Pa. Code §  3280.221 (relating to requirements specific to school-age programs).

PROGRAM

§ 3280.111. Daily activities.

 (a)  A written plan of daily activities and routines, including a time for free play, shall be established. The plan shall be flexible to accommodate the needs of individual children and the dynamics of the group.

 (b)  The written plan shall be posted in a traffic area used by parents.

 (c)  Daily activities shall promote the development of skills, social competence, self-esteem and positive self-identity. Daily experiences shall recognize the child as an individual and give some choice of activities that respect personal privacy, lifestyle and cultural background.

 Infants and toddlers shall be provided stimulation by being held, rocked, talked to, played with and carried.

 (a)  Children on the facility premises and on facility excursions off the premises shall be supervised by a staff person at all times. Outdoor play space used by the facility is considered part of the facility premises.

   (1)  Each staff person shall be assigned the responsibility for supervision of specific children. The staff person shall know the names and whereabouts of the children in his assigned group. The staff person shall be physically present with the children in his group on the facility premises and on facility excursions off the facility premises.

   (2)  The requirement for supervision on and off the facility premises includes compliance with the staff:child ratio requirements in § §  3280.51—3280.53 (relating to staff:child ratio).

 (b)  A facility person may not use any form of physical punishment including spanking a child.

 (c)  A facility person may not single out the child for ridicule, threaten harm to the child or the child’s family and may not specifically aim to degrade the child or the child’s family.

 (d)  A facility person may not use harsh, demeaning or abusive language in the presence 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.

   The provisions of this §  3280.113 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.113 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (312277).

 Weather permitting, children shall be taken out of doors daily.

 (a)  Swimming.

   (1)  A swimming pool must conform to 28 Pa. Code Chapter 18 (relating to public swimming and bathing places).

   (2)  An in-ground swimming pool accessible to children must be fenced with a locked gate.

   (3)  An aboveground swimming pool which is not in use must be made inaccessible to children in accordance with the swimming pool barrier guidelines of the United States Consumer Product Safety Commission.

   (4)  An indoor swimming pool which is not in use must be made inaccessible to children.

   (5)  The following staff:child ratios apply while children are swimming:

   (6)  When children are swimming, supervision shall include one person certified in lifeguarding training, as described in §  3280.31(e)(4)(iii) (relating to age and training).

   (7)  The person certified in lifeguard training may not be included in the staff-child ratio.

   (8)  A facility person who is counted in the staff-child ratio shall annually complete water safety instruction.

 (b)  Wading.

   (1)  Staff persons shall supervise day care children using wading pools. Staff:child ratios in subsection (a) apply when children are wading.

   (2)  A sanitizing solution shall be added to water in a wading pool. An acceptable sanitizing solution is 3/4 teaspoon of bleach added to 50 gallons of water.

   (3)  A wading pool shall be emptied daily.

 (c)  Water play tables. A water play table or a container used for water play that contains unfiltered water shall be emptied daily.

   The provisions of this §  3280.115 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.115 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (312278) to (312279).

 When a facility serves a school-age child, homework supervision shall be provided in accordance with arrangements determined by the parent and the operator.

 (a)  A child shall be released only to the child’s parent or to an individual designated in writing by the enrolling parent. A child shall be released to either parent unless a court order on file at the facility states otherwise.

 (b)  In an emergency, a child may be released to an individual upon the oral designation of the parent, if the identity of the individual can be verified by a staff person.

 (c)  If a child is released upon the oral designation of the parent, the following information shall be logged in the child’s record:

   (1)  The name of the parent making the request.

   (2)  The date and time of the request.

   (3)  The name of the individual to whom the child is to be released.

   (4)  The name of the staff person taking the call.

   (5)  The name of the staff person releasing the child.

   The provisions of this §  3280.117 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.117 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (262075).

 (a)  A pet or animal present at the facility, indoors or outdoors, shall be in good health and known to be friendly to children.

 (b)  Contact with pets by the children is permitted only when a staff person is physically present.

 (c)  A veterinarian’s certificate of current rabies immunization is required for a cat or dog at the facility. The certificate shall be on file when the cat or dog is present.

 Infants shall be placed in the sleeping position recommended by the American Academy of Pediatrics unless there is a medical reason an infant should not sleep in this position. The medical reason shall be documented in a statement signed by a physician, physician’s assistant or CRNP and placed in the child’s record at the facility.

   The provisions of this §  3280.119 adopted under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.119 adopted May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437.

PROCEDURES FOR ADMISSION

§ 3280.121. Application.

 (a)  The operator shall review with the parent, at the time of application, the facility’s general daily schedule, hours in which care is provided, fees, responsibilities for meals, clothing, health policies, supervision policies, night care policies, dismissal policies, transportation and pick-up arrangements.

 (b)  At the time of enrollment, a parent shall receive in writing the information described in subsection (a).

 A child shall be interviewed or observed by the operator and, when possible, shall have the opportunity to visit the facility prior to being admitted for care. The child shall be told as much as he can understand about the service being planned. If the parent indicates that the child has special needs, the operator shall discuss the condition with the parent, refer to §  3280.4 (relating to definitions), and comply with § §  3280.16, 3280.124 and 3280.131 (relating to service to a child with special needs; emergency contact information; and health information).

   The provisions of this §  3280.122 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.122 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial page (262076).

 (a)  An agreement signed by the operator and the parent must specify the following:

   (1)  The amount of fee to be charged per day or per week.

   (2)  The date on which the fee is to be paid.

   (3)  The services to be provided to the family and the child, including the Department’s approved form to provide information to the family about the child’s growth and development in the context of the services being provided. The operator shall complete and update the form and provide a copy to the family in accordance with the updates regarding emergency contact information in §  3280.124(f) (relating to emergency contact information).

   (4)  The child’s arrival and departure times.

   (5)  The individuals designated by the parent to whom the child may be released as specified in §  3280.117 (relating to release of children).

   (6)  The date of the child’s admission.

   (7)  The services which are to be considered as extra.

 (b)  A parent shall receive the original agreement. The facility shall retain a copy of the agreement.

   The provisions of this §  3280.123 amended under Articles IX and X of the Public Welfare Code (62 P. S. § §  901—922 and 1001—1087).

   The provisions of this §  3280.123 amended May 23, 2008, effective September 22, 2008, 38 Pa.B. 2437. Immediately preceding text appears at serial pages (262076) and (312155).