Current through Register Vol. 49, No. 9, September, 2024
100
OUT-OF-SCHOOL TIME LICENSING
101
Related Laws and Requirements1. The
"Child Care Facility Licensing Act" Ark. Code Ann.
20-78-201 -220, as amended, is the
statutory authority for licensing Out-of-School Time (OST) Programs. This act
created the Division of Child Care and Early Childhood Education and authorized
the Division to establish rules and regulations governing the granting,
revocation, denial and suspension of licenses for OST facilities and the
operation of OST facilities in this state. The Minimum Licensing
Requirements for Out-of-School Time Facilities are the Division's
rules and regulations for OST Facilities.
2. The Child Care Facility Licensing Act
designates the Arkansas Department of Human Services, Division of Child Care
and Early Childhood Education as the administrative agency responsible for
administering the Act in accordance with the Minimum Licensing
Requirements for Out-of-School Time Facilities. The Division is
authorized to inspect and investigate any proposed or operating OST Facilities
and any personnel connected with the OST Facilities to determine if the
facility will be or is being operated in accordance with the Child Care
Facility Licensing Act and the Minimum Licensing Requirements for
Out-of-School Time Facilities.
3. The Child Care Licensing Unit will notify
the applicable federal agency at any time they become aware of or are advised
of violations of any of the following or similar laws. The owner should be
aware of applicable federal laws which may affect the operation of the
facility, such as, but not limited to:
a.
Americans with Disabilities Act (ADA).
b. Environmental Protection Agency (EPA)
regulations to ensure that any renovation or repair work on a home, child care
facility, or school that was constructed prior to 1978 shall be completed by a
contractor that is certified by the Environmental Protection Agency (EPA), when
the repairs and/or renovations consist of any or all of the following: the
repair or renovation disturbs six (6) or more square feet of the interior, the
repair or renovation disturbs twenty (20) feet or more square feet of the
exterior, and/or the repair or renovation involves removing a window.
c. Federal civil rights laws state that a
facility may not discriminate on the basis of race, color, sex, religion,
national origin, physical or mental handicap, or veteran status.
4. The Licensee shall maintain
Child Care Liability Insurance (Act 778 of 2009), and comply with the following
requirements:
a. Prior to the approval of an
application, the applicant shall provide verification of the required coverage
to the Licensing Specialist and provide subsequent verification when requested.
(Facilities licensed prior to the effective date of this revision shall have
ninety (90) days to comply with this requirement.)
b. The Licensee shall maintain the minimum
amount of coverage as follows:
|
Licensed Capacity of OST Facility |
Minimum Child Care Liability Insurance Coverage
Required |
|
1-74 |
$500,000 per occurrence |
|
75 and up |
$1,000,000 per occurrence |
5. Laws relevant to the operation of OST
facilities are available upon request.
6. The following standards are the minimum
licensing requirements which shall be met by persons or organizations which
operate an OST facility. In recommending a license be issued, the Division of
Child Care and Early Childhood Education works in coordination with the local
and state Health Departments, Fire Departments, City Planning or Zoning
Departments and the Boiler Division of the Department of Labor. Persons
considering opening or expanding an OST facility shall immediately contact
these individual departments for inspection and information on their separate
regulations.
A prospective Licensee should request clarification regarding
the codes or covenants enforced by these departments as some may prevent the
operation of OST facility at a particular location, may limit the number of
participants in care or may impose additional safety requirements.
7. The Licensing Unit shall share
information on the location and status of new applicants applying for a license
and on facilities holding a license when a city or county requests the
information.
102
General Requirements1. OST Facilities
shall maintain compliance with the licensing requirements at all times. To be
in substantial compliance, the OST Facility shall meet all essential standards
necessary to protect the health, safety and welfare of the participants
attending the OST Facility. Essential standards include but are not limited to
those relating to issues involving fire, health, safety, nutrition, discipline,
staff/participant ratio and space. Failure to comply with any of the licensing
requirements for OST Facilities may result in any of the following adverse
actions:
a. Denial of an application for a
license or for church exempt status
b. Revocation or suspension of a license or
church exempt status
c. Issuance of
a provisional license or provisional church exempt status
2. The following factors may be considered
when determining the appropriate adverse action:
a. Severity of the deficiency cited
b. Number of violations cited
c. Frequency of violations cited
d. Past history of compliance e.
Willingness/ability to correct violations
3. Each OST Facility shall be reviewed by the
Child Care Licensing Unit to determine whether the facility is in compliance
with all the Minimum Licensing Requirements for OST
Facilities. Child Care Licensing staff shall have access to OST
Facilities for the purpose of conducting inspections, reviews and complaint
investigations. (Clarification: In addition to rooms
used for care, Child Care Licensing Staff must also be given access to all
other rooms or spaces not used for care. Any rooms or areas that are not
accessible to participants in care will only be viewed briefly for major health
and safety issues and will not be routinely monitored for general licensing
compliance. This is to help insure that there are no dangers such as fire
hazards, which could impact the safety of the entire
structure.)
4. Denial
of access to the facility or to interview participants may result in any of the
adverse action described above.
5.
Any facility that has not provided care to participants for a period of one
year shall be closed unless a written request is made by the licensee stating
why closure should not take place. If the licensee requests that the license
remain open, license fees and required annual inspections shall be kept
current.
6. Falsification of any
document or the submission of false information to the Child Care Licensing
Unit or any other unit of the Division may constitute grounds for revocation of
the license. (Falsification means the submission of untrue information, whether
by statement or omission.)
103
Licensing Procedures
1.
Application- An
application shall be obtained from the Child Care Licensing Unit. The completed
application packet shall be submitted to the Child Care Licensing Unit for
review and approval. A completed application packet shall consist of:
a. A signed application form with a
designated person who assumes legal responsibility for operation of the OST
facility
b. Name of proposed
director and their qualifications
c. Names, addresses and telephone number of
Board of Directors, if applicable
d.
Clear written guidelines of responsibility for the Board of Directors, if
applicable
e. Building/facility
diagram
f. Description of the
services that will be provided to the participants
g. Verification that criminal record checks
and child maltreatment central registry checks have been initiated on all
owners, operators and staff members of the OST Facility.
h. Boiler inspection, or verification that
inspection has been scheduled
i.
Fire Department approval
j. Health
Department approval
k. Zoning
approval
I. Verification of Child
Care Liability Insurance (if Child Care Liability Insurance cannot be obtained
before application, it must be obtained with proof provided to the Child Care
Licensing Unit before care of participants can be provided)
m.m. A reasonable plan with a
proposed budget for the financial support of the program covering costs of
staffing, building (including rent or mortgage and repairs), utilities,
equipment, safety, and nutrition. (This is a one-time only requirement that
applies to new applicants for a license.)
2.
Time for
processing: The Licensing Specialist has sixty days to submit a
recommendation to the Division.
3.
A pre-approval consultation meeting shall be required for all applicants for a
license prior to the approval of the application. This meeting shall be offered
to the applicant prior to application or within 30 days of the receipt of the
application.
4.
License: The Child Care Licensing Unit shall conduct a
licensing study of each OST Facility to determine eligibility for a license.
The facility shall be approved by the Child Care Licensing Unit before a
license may be issued by the Division. A license for a OST Facility shall
specify:
a. The name and address of the
facility
b. The owner/operator of
the OST Facility
c. The number of
participants authorized for care at the OST Facility
d. The expiration of any provisional licenses
e. The type of care the OST
Facility will be providing
5.
License-Non-transferable: A license for an OST
Facility or approval for a church-operated exempt status shall apply only to
the address and location stated on the license or approval issued. It shall not
be transferable from one holder of the license or approval to another or from
one place to another. If the location of an OST Facility is changed, or the
operator of the OST Facility is changed, then the license or approval for that
OST Facility shall be automatically closed on such a change. The OST Facility
shall notify the Licensing Unit of a change of location or ownership.
6.
Compliance:
On-site inspections of OST Facilities are conducted by the Child Care Licensing
Unit on a routine basis to determine a facility's continued compliance with the
standards. The caregivers shall cooperate with licensing staff during licensing
visits and investigations.
Violations of rules are documented in writing by use of the
licensing compliance record. Documentation shall include:
a. Reference to the specific rule violated
b. A factual description of the
nature of the violation and how the OST Facility failed to comply
c. A date of expected corrections
7. If video recordings are made by
the facility and maintained for viewing as part of a continuous monitoring
system, they shall be made available to licensing staff as needed upon request.
This does not include video recordings of special events, etc.
8. The Child Care Licensing Unit shall have
the authority to make both scheduled and unscheduled visits to:
a. Conduct inspections and reviews to
determine compliance with the licensing requirements.
b. Investigate complaints involving possible
violations of licensing requirements.
c. Offer consultation and technical
assistance.
9. The Child
Care Licensing Specialist may increase unscheduled monitor visits where
numerous or severe violations of standards are cited.
10. If a violation is of imminent threat to
the health, safety, and welfare of the participants attending the OST Program,
corrective action or compliance shall be obtained within 24 hours in order to
insure the health, safety and welfare of the participants in care. If an OST
Facility violates an administrative standard or standard that does not directly
threaten the immediate health, safety or welfare of the participants in care,
these violations shall be corrected within a reasonable time as mutually agreed
upon by the Child Care Licensing Unit and the OST Facility.
Once a violation has been corrected, the correction will be
documented on the Licensing Compliance Record and a copy provided to the OST
Facility.
11.
New Provisional License- The Child Care Licensing
Specialist shall recommend a new provisional license when the facility is newly
opened or a facility has been acquired by new owners whose compliance history
has not been determined. A new provisional license shall not exceed twelve (12)
months in length.
At the end of the provisional license, the Division may in its
discretion:
a. Issue a regular
license
b. Revoke the
license
c. Suspend the
license
d. Issue a successive
provisional license
12.
Regular License: The Child Care Licensing Specialist will recommend a regular
license when the facility has demonstrated substantial compliance, or when an
existing Licensee with a Regular license relocates their facility and their
past demonstrates a substantial level of compliance.
13.
Probationary Provisional
License- The Licensing Unit may issue a Probationary Provisional
license when the OST facility is not maintaining substantial compliance due to
deficiencies which are so numerous, frequent or severe as to potentially
jeopardize the health, safety and welfare of participants. The facility and
Licensing Unit shall have a corrective action plan in place addressing the
issues.
Based on the level of compliance during the period of the
Probationary Provisional license, the Licensing Unit may:
a. Issue a Regular license
b. Suspend the license
c. Revoke the license
14.
Suspension of
License- The Division may suspend a license when the Licensing
Unit determines that the facility has serious areas of non-compliance, but the
facility would be able to resume normal operation when the harmful conditions
are eliminated.
If granted, the suspension order remains in effect until the
order expires or until the Division determines that the problem necessitating
the suspension order have been resolved. The suspension of a license may not
exceed twelve (12) months. If the Division finds that the terms of the
suspension order have been met prior to the expiration of the suspension
period, the Division retains the discretion to reinstate the license. If the
terms of the order have not been met, the Division may revoke the
license.
15.
Revocation of License-The Division may revoke a
license when any of the following situations occur:
a. The facility fails to maintain substantial
compliance with licensing requirements.
b. The facility fails or refuses to correct
cited deficiencies in a timely manner.
c. The facility fails to insure the health,
safety and welfare of participants in care.
16. The revocation of a license nullifies and
cancels the license. At the time of a final determination of revocation of the
license by the Division, the Division shall specify in the revocation letter
the terms of the revocation. The licensee shall not be eligible to reapply for
a license for a minimum of one (1) year or longer, if specified in the
revocation order. Related parties shall not be eligible to apply for a license
for the same specified period. (Related parties are defined as immediate family
members, member of Board of Directors, persons or entities associated or
affiliated with, or which share common ownership, control, or common board
members or which have control of or is controlled by the licensee. An immediate
family member is defined as a spouse, step and in-law relationships, a child, a
natural or adoptive parent, a sibling, a grandparent, a grandchild or a son or
daughter-in-law.) (Applicants who are denied a license or registration due to
this requirement may appeal the denial to the Child Care Facility Review
Panel.) Facilities wishing to be re-licensed must submit a new application for
licensure for review and approval by the Division. Approval must be obtained
and a new license issued before the facility provides care to a licensable
number of participants.
104
License Fee
1. Each facility shall submit an annual
license fee as long as the facility is in compliance with the
Minimum Licensing Requirements for OST Facilities. A
facility license fee is determined by combining the maximum license capacity of
all licenses located within the same premises.
a. Facilities serving up to 17 participants-
$15 per year
b. Facilities serving
17 to 99 participants- $50 per year
c.
Facilities serving 100 or more participants- $100 per
year
2. Upon review and
determination of a licensing recommendation by the Child Care Licensing
Specialist, the Specialist shall issue a Notice of License Fee Due to the
facility.
3. The Division shall not
issue a license unless the required license fee has been paid.
4. A copy of the license fee notice shall be
submitted, licensure recommendation.
5. The fee schedule shall apply to all OST
facility recommendations for licensure as follows:
a. New Provisional License-(Provisional
License for new operation to be issued for a period of twelve (12) months.) A
one-year license fee shall be paid prior to the issuance of a provisional
license.
b. New Regular License or
Conversion from provisional to regular status-A license fee shall be paid prior
to the issuance of a new license.
c. Conversion to Provisional Status-No
license fee is due for licenses converted to provisional status during the term
of a regular license.
6.
A second notice of license fee due will be sent to facilities failing to submit
the required license fee (Notice of License Fee Past Due). This notice will be
sent 20 days after the initial notice of fee due. Failure to submit a license
fee within 20 days of receipt of the past due notice will result in action to
suspend the license until such time as the fee is paid.
7. Refunds of license fees paid are made only
when the Division does not approve issuance of a license. There shall be no
refunds of license fees paid for voluntary closure of a facility or for
Division action to revoke or suspend a license.
8. All license fees paid to the Division
shall be deposited in a special Child Care Provider's Fund. This fund shall be
used to meet the cost of conducting statewide criminal record checks, with the
remaining money used for training or materials to be loaned to child care
providers.
105
Appeal of Licensing Actions1. A
licensee or applicant for license may request an appeal of any of the following
licensing actions:
a. Adverse licensing
actions (revocation or suspension of a license, conversion to a provisional
license or denial of an application for a license)
b. Founded licensing complaints
c. Denials of alternative compliance requests
d. Cited noncompliance with the
published standards
2.
An appeal may be initiated on any of the above actions by requesting an appeal
in writing to the Licensing Specialist or Licensing Supervisory Staff. Requests
to appeal adverse licensing actions must be mailed within ten (10) calendar
days of the receipt of the notice of the adverse action. Requests to appeal
licensing actions, other than adverse, must be mailed within twenty (20)
calendar days from receipt of the notification of the action. The request to
appeal shall include a statement of the action(s) taken by the Division and the
reason(s) the licensee or applicant for license disagrees with that action. The
request to appeal will be reviewed by the Licensing Supervisor and the
Licensing Administrator. If the appeal is not resolved to the satisfaction of
the licensee or applicant for license, the matter will be referred to the Child
Care Appeal Review Panel for hearing. (This appeal process also applies to
Church Operated exempt facilities.) (Additional information regarding the
appeal procedures and the Child Care Appeal Review Panel is available on
request.)
106
Alternative Compliance
1. The
Division may grant alternative compliance with the Minimum
Licensing Requirements for Out-of-School Time Facilities if the
Division determines that the alternative form of compliance offers equal
protection of health, safety and welfare to participants and meets the basic
intent of the requirements for which the program is making the
request.
2. The Division shall
consider all requests for alternative compliance with the Licensing
requirements except those requirements that are enforced by the Department of
Health, Local Fire Marshal or State Fire Marshal's office and applicable city
ordinances including zoning.
3. To
request alternative compliance, the following procedure shall be initiated by
the person responsible for the operation of the facility.
4. The applicant/licensee shall submit the
request for alternative compliance in writing.
5. The request shall include:
a. The specific standards for which
alternative compliance is sought.
b. An explanation of how the alternative form
of compliance is equal to or exceeds the stated requirements.
c. Full justification and description of what
the alternative compliance method will be and the method by which the facility
will carry out this plan to continue to provide for the health, safety and
welfare of participants as intended by the requirements.
d. The applicant/licensee shall provide clear
and supportive evidence and upon request of the Division, and expert's opinion
on the effect of the request on health, safety and welfare of the
participants.
6. A
separate written request shall be submitted for each requirement of which
alternative compliance is sought. The approved alternative compliance is
effective for the duration of the license unless a shorter time frame is
specified.
7. The granting of
alternative compliance for a requirement shall in no way constitute a
precedent. If an alternate means of complying with the requirement is granted
by the Division and the facility fails to satisfactorily implement this
alternate means, the original requirement for which alternative compliance was
sought shall become immediately enforceable.
8. The Division shall have the right to
obtain an expert opinion to corroborate expert opinions provided by the
applicant/licensee.
9. The Division
shall have the right to deny requests for alternative compliance when it finds
that such requests do not adequately protect the health, safety and welfare of
participants and do not meet the intent of the requirements.
10. All requests for alternative compliance
shall be answered in writing by the Division.
107
Church-Operated Exemption
Please note that all regulations included in this manual
also apply to Church Operated Exempt (COE) OST facilities.
1. Act 245 of 1983 defines those facilities
that may apply for an exemption from obtaining of license to operate a child
care facility and the process through which such exemption may be granted. The
facility must be operated by a church or group of churches and be exempt from
the State Income Tax levied by Act 118 of 1929, as amended. The person or
persons in charge of such a facility shall submit a written request to the
Division for such exemption along with the following:
a. Verification of Tax ID ownership by the
church
b. Verification that the
facility is operated by a church or group of churches
c. Verification that the facility has been
inspected annually and meets the applicable fire safety and health
standards
d. Certification from the
facility that it is in substantial compliance with published standards that
similar nonexempt OST facilities are required to meet
2. The Division shall review each request for
a church-operated exemption and reply in writing within 60 days from receipt of
such request.
3. The facility shall
be visited by Division staff to verify the facility's substantial compliance
with the published standards prior to the consideration and review by the
Division.
4. The Division shall
consider each request for exemption and shall review the Division staffs
written report in determining a facility's substantial compliance with
published standards.
5. If a
facility claims and states the belief that a particular standard is of a
religious nature, the Division shall consider and make a determination on the
statements that shall then be a final action subject to review under the
Administrative Procedures Act.
6.
Written notification of an exemption shall be made to the facility stating the
maximum number of participants allowable, the dates of exemption and any other
conditions by which an exemption is granted.
7. Division staff shall have the authority to
visit any church-operated exempt facility to review, advise and verify the
maintenance of substantial compliance at the direction of the
Division.
108
Licensing Investigations
1. Child Care
Licensing staff shall investigate all complaints involving the possible
violation of licensing requirements.
109
Child Maltreatment Checks
1. The following persons shall be required to
have their background reviewed through an Arkansas Child Maltreatment Central
Registry Check. A check or money order made out to Department of Human Services
(DHS) must be attached to each form.
|
a. Each applicant to own or operate a OST
facility |
At application and every two years
thereafter |
|
b. Staff members and applicants for employment in OST
facility |
At application or within 10 days of hire/start date and
every two years thereafter |
|
c. All volunteers who have routine contact with
participants |
At application and every two years
thereafter |
|
d. Administrative staff and/or members of Board of
Directors who have supervisory and/or disciplinary control over participants or
who have routine contact with participants |
At application and every two years
thereafter |
|
e. Student Observers |
At beginning of observation or within 10 days of first
observation and every two years thereafter if applicable |
|
f. Therapist or other persons who have routine contact
with participants |
Within 10 days of the time they begin to provide
services or begin to participate in program activities and every two years
thereafter |
2. If
a complaint of child maltreatment is filed against any owner/operator, staff or
other person in OST Facility, the Child Care Licensing Specialist shall
evaluate the risk to participants and determine the suitability of the
person(s) to supervise, be left alone with participants, have disciplinary
control over participants or remain in the program during hours of care until
the allegations have been determined true or unsubstantiated. (Pending the
evaluation of risk to participants by the Child Care Licensing Unit, the
person(s) alleged shall not be left alone with participants.)
3. If corrective action is appropriate, the
facility shall require all staff members who have had a founded report of child
maltreatment to follow the corrective action plan specified by the Child Care
Licensing Unit. Corrective action measures may vary from relevant training to
reassignment or termination. Failure to comply with corrective action plans may
constitute grounds for adverse action against the license.
4. The statewide Child Maltreatment "Hot
Line" and the Child Care Licensing Central Office number shall be posted in a
conspicuous place in the OST facility. The "Hot Line" number is 1-800-482 -5964
and the Licensing Central Office number is (501) 682-8590 or toll free
1-800-445 -3316.
110
Criminal Records Check1. The
following persons shall apply to the Identification Bureau of the Arkansas
State Police for a nationwide criminal record check, to be conducted by the
FBI, which shall include a fingerprint check: (The individual is responsible
for the cost of a nationwide check. Each request must be accompanied by a check
or money order made out to the Arkansas State Police.)
Fingerprints submitted will be used to check the criminal
history records of the FBI. Individuals with results showing a prohibited
offense shall be advised to contact the Licensing Unit for procedures to obtain
the results and for procedures to update or make corrections to the record of
their individual history.
|
a. Each applicant to own or operate OST
facility. |
Initial application only |
|
b. Staff who have not been a resident of the State of
Arkansas for the five (5) preceding years |
Within 10 days of hire/start date |
|
c. Administrative persons who have direct contact with
participants. |
If the person has not been a resident of Arkansas for 5
years. |
|
d. Therapist or other persons who have supervisory
control, disciplinary control over participants or are left alone with
participants. |
If the person has not been a resident of Arkansas for 5
years, then at the time they begin to provide services or begin to participate
in program activities |
2. The
following persons shall be required to have their background reviewed through
Criminal Records check (which includes the Arkansas Sexual
Offender Registry) conducted by the Arkansas State Police.
|
a. Each applicant to own or operate OST |
At application and every 5 years |
|
facility |
thereafter |
|
b. Staff and applicants for employment in a an OST
facility |
Within 10 days of hire/start date and every 5 years
thereafter |
|
c. Administrative persons who have direct contact with
participants |
Within 10 days of hire and every 5 years
thereafter |
|
d. Therapist or other persons who have supervisory or
disciplinary control over participants, or are left alone with
participants |
Within 10 days of the time they begin to provide
services or begin to participate in program activities and every 5 years
thereafter |
3.
Criminal records will be returned to the division for review. Any
charge/convictions listed in this section (Section 110) that are returned will
be considered regardless of whether the record is expunged, pardoned or
otherwise sealed.
4. No person
shall be eligible to be an OST facility owner, operator, or employee if that
person has pled guilty, or been found guilty, of any of the following offenses
by any court in the State of Arkansas, any similar offense by a court in
another state or any similar offense by a federal court. The following offenses
are permanently prohibited:
|
01. Abuse of an endangered or impaired person, if
felony |
§
5-28-103
|
|
02. Arson |
§
5-38-301
|
|
03. Capital Murder |
§
5-10-101
|
|
04. Endangering the Welfare of an Incompetent person-
1st degree |
§
5-27-201
|
|
05. Kidnapping |
§
5-11-102
|
|
06. Murder in the First degree |
§
5-10-102
|
|
07. Murder in the Second degree |
§
5-10-103
|
|
08. Rape |
§
5-14-103
|
|
09. Sexual Assault in the First degree |
§
5-14-124
|
|
10. Sexual Assault in the Second degree |
§
5-14-125
|
5. No
person shall be eligible to be an OST facility owner, operator, or employee if
that person has pled guilty, or been found guilty, of any of the following
offenses by any court in the State of Arkansas, any similar offense by a court
in another state or any similar offense by a federal court. The following
offenses are prohibited:
|
01. Criminal Attempt to commit any offenses in MLR
Section 100.110 |
§
5-3-201
|
|
02. Criminal Complicity to commit any offenses in MLR
Section 100.110 |
§
5-3-202
|
|
03. Criminal Conspiracy to commit any offenses in MLR
Section 100.110 |
§
5-3-401
|
|
04. Criminal Solicitation to commit any offenses in MLR
Section |
§
5-3-301
|
|
100.110 |
|
|
05. Assault in the First, Second, or Third
degree |
§
5-13-205 - §
5-13-207
|
|
06. Assault, Aggravated |
§
5-13-204
|
|
07. Assault, Aggravated on a Family or Household
Member |
§
5-26-306
|
|
08. Battery in the First, Second, or Third
Degree |
§
5-13-201 - §
5-13-203
|
|
09. Breaking or Entering |
§
5-39-202
|
|
10. Burglary |
§
5-39-201
|
|
11. Coercion |
§
5-13-208
|
|
12. Computer Crimes Against Minors |
§
5-27-601 et. seq. |
|
13. Contributing to the Delinquency of a
Juvenile |
§
5-27-220
|
|
14. Contributing to the Delinquency of a
Minor |
§
5-27-209
|
|
15. Criminal Impersonation |
§ 5-3-208 |
|
16. Criminal Use of a Prohibited Weapon |
§
5-73-104
|
|
17. Death Threats Concerning a School Employee or
Students |
§
5-17-101
|
|
18. Domestic Battery in the First, Second, or Third
Degree |
§
5-26-303 - §
5-26-305
|
|
19. Employing or Consenting to the Use of a Child in a
Sexual Performance |
§
5-27-402
|
|
20. Endangering the Welfare of a Minor in the First or
Second Degree |
§
5-27-205 and §
5-27-206
|
|
21. Endangering the Welfare of an Incompetent Person in
the First or Second Degree |
§
5-27-201 and §
5-27-202
|
|
22. Engaging Children in Sexually Explicit Conduct for
Use in Visual or Print Media |
§
5-27-303
|
|
23. False Imprisonment in the First or Second
Degree |
§
5-11-103 and §
5-11-104
|
|
24. Felony Abuse of an Endangered or Impaired
Person |
§
5-28-103
|
|
25. Felony Interference with a Law Enforcement
Officer |
§
5-54-104
|
|
26. Felony Violation of the Uniform Controlled
Substance Act |
§
5-64-101 - §
5-64-508 et. seq. |
|
27. Financial Identity Fraud |
§
5-37-227
|
|
28. Forgery |
§
5-37-201
|
|
29. Incest |
§
5-26-202
|
|
30. Interference with Court Ordered Custody |
§
5-26-502
|
|
31. Interference with Visitation |
§
5-26-501
|
|
32. Introduction of Controlled Substance into Body of
Another Person |
§
5-13-210
|
|
33. Manslaughter |
§
5-10-104
|
|
34. Negligent Homicide |
§
5-10-105
|
|
35. Obscene Performance at a Live Public
Show |
§
5-68-305
|
|
36. Offense of Cruelty to Animals |
§
5-62-103
|
|
37. Offense of Aggravated Cruelty to Dog, Cat, or
Horse |
§
5-62-104
|
|
38. Pandering or Possessing Visual or Print Medium
Depicting Sexually Explicit Conduct Involving a Child |
§
5-27-304
|
|
39. Patronizing a Prostitute |
§
5-70-103
|
|
40. Permanent Detention or Restraint |
§
5-11-106
|
|
41. Permitting Abuse of a Minor |
§
5-27-221
|
|
42. Producing, Directing, or Promoting a Sexual
Performance by a Child |
§
5-27-403
|
|
43. Promoting Obscene Materials |
§
5-68-303
|
|
44. Promoting Obscene Performance |
§
5-68-304
|
|
45. Promoting Prostitution in the First, Second, or
Third Degree |
§
5-70-104 - §
5-70-106
|
|
46. Prostitution |
§
5-70-102
|
|
47. Public Display of Obscenity |
§
5-68-205
|
|
48. Resisting Arrest |
§
5-54-103
|
|
49. Robbery |
§
5-12-102
|
|
50. Robbery (Aggravated Robbery) |
§
5-12-103
|
|
51. Sexual Offense (any) |
§
5-14-101 et. seq. |
|
52. Simultaneous Possession of Drugs and
Firearms |
§
5-74-106
|
|
53. Soliciting Money or Property from
Incompetents |
§
5-27-229
|
|
54. Stalking |
§
5-71-229
|
|
55. Terroristic Act |
§
5-13-310
|
|
56. Terroristic Threatening |
§
5-13-301
|
|
57. Theft by Receiving |
§
5-36-106
|
|
58. Theft of Property |
§
5-36-103
|
|
59. Theft of Services |
§
5-36-104
|
|
60. Transportation of Minors for Prohibited Sexual
Conduct |
§
5-27-305
|
|
61. Unlawful Discharge of a Firearm from a
Vehicle |
§
5-74-107
|
|
62. Voyeurism |
§
5-16-102
|
6. If
the licensee wishes to employ an individual with a conviction or plea of guilty
or nolo contendere for the following nonviolent offenses, they shall submit a
written request for a waiver prior to employment. §
20-38-103(e) (3)
(a) Act 990 of 2013
a. Theft by receiving §
5-36-106
b. Forgery §
5-37-201
c. Financial identity fraud §
5-37-227
d. Resisting arrest §
5-54-103
e. Criminal impersonation in the second
degree §
5-37-208(b)
f. Interference with visitation
§
5-26-501
g. Interference with court-ordered visitation
§
5-26-502
h. Prostitution §
5-70-102
i. Patronizing a prostitute § 5-70-203
The waiver may be approved if all of the following conditions
are met:
* The individual has completed probation or parole
supervision
* The individual has paid all court ordered fees, fines and/or
restitution
* The individual has fully complied with all court orders
pertaining to the conviction or plea
7. The waiver will be revoked if after
employment the individual pleads guilty or nolo contendere or is found guilty
of any prohibited offense (including the list above a-i) or has a true or
founded report of child maltreatment or adult maltreatment in a central
registry.
8. The request for waiver
and certification of approval shall be kept in the individual's file for the
term of employment and three years after termination of employment.
9. If approved, the waiver is not
transferable to another licensed facility.
10. Any person who has pled guilty, nolo
contendere, or who has been found guilty of any one of the offenses listed as
prohibited above (Section 110.5, 0-62) may not work in child care unless:
a. The date of the conviction, plea of guilty
or nolo contendere for a misdemeanor offense is at least five (5) years from
the date of the request for the criminal history records check and there have
been no criminal convictions or pleas of guilty or nolo contendere of any type
or nature during the five (5) year period preceding the background check
request.
b. The date of the
conviction, plea of guilty or nolo contendere for a felony offense is at least
more than ten (10) years from the date of the request for the criminal history
records check and there have been no criminal convictions or pleas of guilty or
nolo contendere of any type or nature during the ten (10) year period preceding
the background check request.
11. Anyone employed in a licensed center, COE
center, licensed child care family home or a registered child care family home
prior to 9/1/2009 with a clear background check history may remain eligible for
employment unless the employee had a conviction, plead guilty, or plead nolo
contendere to an offense listed in the above section (Section 110.6) since
9/1/2009.
200
ORGANIZATION AND ADMINISTRATION
201
Administrative Procedures
1. The Owner and/or Board of Directors shall
be responsible for operating the facility and shall have final responsibility
to ensure that the facility meets licensing requirements. Names, addresses and
telephone numbers of Board members shall be provided to the Licensing
Specialist.
2. The facility shall
provide a written procedure for reporting suspected of child maltreatment. This
procedure shall be followed and a call made to the Hot Line whenever there is a
suspicion of child maltreatment ( 1-800-482 -5964). These reports of child
maltreatment shall include all allegations made to the licensee by parents,
staff members or the general public. The licensee should call Child Care
Licensing for guidance if there is any question about whether or not the Hot
Line should be called regarding any situation where potential child
maltreatment is involved.
3. The
facility shall provide a written procedure for reporting suspected licensing
violations. Serious licensing violations shall be reported to the Licensing
Unit. These include, but are not limited to, violations relating to
transportation, inappropriate behavior guidance, inadequate supervision,
staff/participant ratio violations or any other violations or any other
violation that could imminently affect the health and safety of
participants.
4. Parents shall be
informed in writing upon enrollment of their child that participants may be
subject to interviews by licensing staff, child maltreatment investigators
and/or law enforcement officials for the purpose of determining licensing
compliance or for investigative purposes. Participant interviews do not require
parental notice or consent.
300
PERSONNEL
301
Staff/Participant Ratio
1. A licensee shall not have more
participants in care at any one time than the maximum specified on the
license.
2. The following
staff/participant ratios shall be maintained:
|
Ages of Participants |
Number of Staff |
Number of Children |
|
a. Kindergarten and above |
1 |
18 |
Providers who were licensed to serve school age participants
prior to the effective date of this rule will have four years from the
implementation of this rule to comply with the new ratio requirement.
3. All participants shall be
adequately supervised at all times. Though participants are generally required
to be within the sight or hearing of staff, OST participants, second grade and
above, may be provided opportunities to take part in short-term activities not
within the sight and hearing of OST staff. Such short-term activities include
but are not limited to going to a restroom, transitioning to other activities,
returning to a classroom within a school building, etc. In order to minimize
the risks associated with such short-term activities, the following provisions
must be adhered to:
a. The appropriateness of
the degree of direct staff supervision required shall be based on an individual
participant's ability to handle such responsibility. Only participants able to
handle such responsibility shall be provided it.
b. Participants shall be accompanied at a
minimum by another participant when engaging in short term activities (as
defined above).
c. Systems of
monitoring, (ex. use of two-way communication devices) shall be in
place.
d. Staff shall make contact
with the participant at least every ten (10) minutes. If the participant is
anticipated being gone longer than ten (10) minutes, prior to releasing the
participant, staff should make contact with the responsible adult ex. teacher)
that will provide supervision during this extended time to ensure that adequate
supervision provisions are in place.
4. DDS (Developmental Disabilities Services)
staff/ participant ratios shall be maintained in all facilities that are
licensed or certified by both Child Care Licensing and DDS.
5. Additional staff provisions shall be made
for enrollment of participants with disabilities, or participants who require
individual attention.
302
Maximum Group Size1. Maximum
group size limitations do not apply during meal times, rest times, transitions,
outdoor time periods, field trips, or the length of a special occasion,
including but not limited to celebrations or visits from guest
speakers.
2. Group size shall be
limited to 2 times the number of children allowed with one staff member. This
does not apply to periodic or special group activities. Existing structures
licensed prior to November 1, 2002 are exempt from this requirement. However,
any expansions, additions or any newly licensed structures effective November
1, 2002 shall be in compliance.
303
Director
1. There shall be a Director/Site Supervisor
who shall be responsible for:
a.
Administering, planning, managing and controlling the daily activities of the
OST facility
b. Ensuring that the
facility meets licensing requirements
c. Ensuring the health and safety of
participants
d. Providing prudent
supervision of all staff and volunteers
2. Directors shall be age twenty-one or
older, and provide documentation of one of the following educational levels:
a. Bachelor's Degree or higher Degree in
Early Childhood, Elementary Education, Child/Youth Development or a related
field from a regionally accredited college or university. (Determination of
"related field" shall be made by the Division of Child Care & Early
Childhood Education.)
b. Bachelor's
Degree in a non-related field from a regionally accredited college or
university plus one of the following:
* Four years of experience in early childhood education or
elementary education
* Child Development Associate Credential (CDA) or Out of School
Time Credential
* Nine college hours of credit in child/youth development
c. Associate's Degree in
Early Childhood, Child or Youth Development or a related field, plus six years
of experience in Early Childhood Education or Elementary Education
d. Eight years of experience in Early
Childhood or Elementary Education and completion of one of the following,
within two years of employment:
* Out of School Time Credential
* Child Development Associate Credential
* Director's Credential or the equivalent
* Technical Certificate in Early Childhood Education
Individuals who have been employed in the position of Director
prior to implementation of this rule will not be required to meet the new
director's qualifications. These individuals may change employers after this
date and still qualify as director.
3. A director or assistant director/site
supervisor, who meets director qualifications, must be present at each licensed
site a minimum of 50% of the center's primary operational day, on a routine
basis.
4. When the director and
assistant director/site supervisor are away from the center, there shall be a
person in charge who shall have the ability and authority to carry out daily
operations. The person in charge shall be age twenty-one (21) or
older.
5. All new directors and
assistant directors/site supervisors shall attend New Director's Orientation,
PAS (Program Administration Scale) or YPQA form B, and ERS (Environment Rating
Scale) training or introduction to YPQA (Youth Program Quality Assessment)
within six months of employment. Programs operating seasonally (90 days or less
within a calendar year) must, at a minimum, have Directors/Site Directors
attend OST Director's "Essentials" within the first thirty (30) days. This is
an orientation class sponsored by the Division. Proof of attendance shall be
maintained in the director's file.
6. The director and assistant director/site
supervisor shall obtain fifteen (15) clock hours in early childhood education
or child/youth development each year. Training shall be registered with the
Division of Child Care and Early Childhood Education Professional Development
Registry or Department of Education or Department of Higher Education approved.
Documentation of training shall be maintained and available for
review.
7. Topics appropriate for
continuing early childhood education or child/youth development shall include,
but are not limited to the following:
a. Child
growth and development;
b.
Nutrition and food service;
c.
Family communication and involvement;
d. Curriculum development and
implementation;
e. Developmentally
appropriate practice and learning environments;
f. Behavior guidance and positive
interaction;
g. Emergency care and
first aid;
h. OST Program planning,
management and leadership of early childhood/OST programs,
i. Building partnerships with schools and the
larger community
j. Creating a
culturally competent OST Program
8. The Licensee shall notify the Licensing
Unit of any change in the person named as director and/or assistant
director/site supervisor within five (5) calendar days.
304
Staff Requirements
1. A person shall be considered a staff
member if they have disciplinary or supervisory control over participants, is
left alone with participants at any time, or is counted in staff/ participant
ratio, regardless if they are paid by the facility or not.
2. Staff members in an OST facility shall be
age 18 years or older. Exceptions may be allowed for individuals sixteen (16)
or seventeen (17) years of age to work in an OST facility if they meet all of
the following criteria:
a. The individual
shall not have disciplinary control over participants.
b. The individual shall not be left alone
with participants at any time.
c.
The individual shall be under the direct supervision of an adult (18 years of
age or older) staff member at all times.
d. The individual shall meet all other
requirements.
e. The individual
shall be a high school graduate, have a GED or be enrolled in a high school or
GED curriculum.
3. All
staff members who work directly with participants shall have a high school
diploma or GED or shall be enrolled in a high school or GED curriculum and
complete the curriculum within one year of hire.
4. All staff members who work directly with
participants shall obtain at least fifteen (15) hours of training registered
with the Division of Child Care and Early Childhood Education Professional
Development Registry or Department of Education or Department of Higher
Education approved training each year in continuing Early Childhood Education
or child/youth development. This training shall be appropriate for working with
school age children/youth.
5. All
staff members caring for participants shall be able to perform necessary job
functions.
6. Staff shall not
engage in behavior that could be viewed as sexual, dangerous, exploitative or
physically harmful to participants. A caregiver shall not use profanity or
speak in an abusive manner when participants are present.
5. No caregiver shall consume or be under the
influence of illegal drugs. (A drug test may be required if there is reasonable
cause to suspect violation of this requirement and the issue cannot otherwise
be resolved.) No caregiver shall consume or be under the influence of alcohol
while delivering care. No caregiver shall consume or be under the influence of
medications (prescription or non-prescription) which impair their ability to
provide care.
305
Volunteer Requirements
1. Volunteers
are those individuals who have routine contact with participants and assist
staff in the facility. If they are left alone with participants considered in
the staff/participant ratios or given supervisory/disciplinary control over
participants they shall be considered staff and must meet the requirements for
personnel (Section 300) and staff requirements (Section 303).
2. All volunteers in an OST Facility shall be
18 years or older unless the volunteer is under the direct supervision of the
director or site supervisor and has been approved on an individual basis by the
Child Care Licensing Unit.
3.
Volunteers, who have routine contact with children, shall have on file a
child-maltreatment Central Registry check. An exception shall be given to
parents who volunteer to assist on field trips, but are not left alone with
participants- Child maltreatment Central Registry checks for volunteers under
age 18 must include a parent's signature.
4. Volunteers who are left alone with
children must have an orientation regarding program policies and practices that
are related to the scope of the services they will be providing at the
facility.
5. Individuals who
provide health services or program enrichment activities on a limited basis are
not considered volunteers. The facility shall retain a register of such persons
listing name, organization, address, telephone number, date and time in the
center. (Note: This section does not apply to therapists or others who have
routine contact with participants. Therapists who are not left alone with
participants are required to have child maltreatment background checks.
Therapists who are left alone with participants at any time are subject to all
background check required for personnel. The therapist is entitled to a copy of
the initial background/maltreatment check results, and may share a copy with
other facilities the therapist may be working in.)
306
Student Observers
1. Students visiting the OST Facility on a
regular or periodic basis to observe program activities, or for
similar purposes, shall not be counted in the staff/participant ratio, shall
not have disciplinary control over participants and shall not be left alone
with participants. These individuals shall have a Child Maltreatment background
check on file.
2. Students that are
conducting practicum, student teaching, or working in the same capacity as a
staff member or volunteer must meet the criteria in the appropriate section.
(Sections 304 and 305)
307
Professional Development
1. All directors, site supervisors, and staff
who provide direct care to participants shall be registered with the Division
of Child Care and Early Childhood Education Professional Development Registry
within 30 days of hire and all training shall be registered with the Division
of Child Care and Early Childhood Education Professional Development Registry
or Department of Education or Department of Higher Education
approved.
2. All new staff shall
have a probationary period of at least 30 days, but no more than six months,
during which they are closely supervised, mentored, and evaluated. Evaluations
shall be documented and maintained in the employee file.
3. All new staff members who provide direct
care to children shall receive a basic orientation to facility management
policies, center schedules, minimum licensing standards, and emergency
procedures prior to providing care. This shall be documented in the employee
file.
4. All new staff, including
volunteers who are counted in the ratios shall receive the following
orientation (unless the staff has prior documented training in the required
areas).
a. Introduction (8 clock hours) to
include the following, which shall be completed before being left alone with
participants:
* Proper supervision of participants
* Behavioral guidance practices
* Shaken baby syndrome; which includes prevention (Carter's
Law, Act 1208)
* Emergency procedures in the event of severe weather, or fire,
including evacuation procedures and routes, and location and use of fire
extinguishers.
* Mandated reporter training
* Administering medication
* Caring for participants with special needs / care
plans
* Transportation and car seat safety
* Policies regarding release of participants to authorized
individuals
See Division Web Site for a list of courses, that The Division
maintains contracts for, which meet the above requirements.
b. All staff shall have 15 hours of job
specific training each calendar year for the ages of participants they work
with. This shall be training focused on their job responsibilities.
See Division Web Site for a list of courses, that The Division
maintains contracts for, which meet the above requirements.
5. The director, assistant
director/site supervisor, and 50% of the facility staff that are on site at any
given time shall have a certificate of successful completion of first aid and
CPR from an approved organization.
a. The
curriculum shall conform with current American Heart Association or American
Red Cross guidelines.
b. The
curriculum shall require hands on, skill-based instruction, as well as
practical testing. Training and certification that is provided solely "on-line"
will not be accepted.
c. The
instructor shall be qualified and authorized to teach the curriculum and shall
be certified by a nationally recognized organization. (Including but not
limited to: Health and Safety Institute; EMS Safety Services, Inc.)
400
PROGRAM
401
Program
Requirements
1. The OST program shall
develop a written weekly routine listing developmentally appropriate activities
for participants and provide a copy of the routine of weekly activities to
parents when they enroll the participants.
2. Each OST Program shall be equipped with
supplies, resources and equipment to take care of the needs of the total group
and to provide each participant with a variety of activities during program
operations.
3. The OST program
shall post a daily schedule in each program space that reflects activities that
promote physical, social, emotional, cognitive language/literacy, and cultural.
Activities shall:
a. The program shall
organize its environment so that participants may participate in activities
individually and in small groups, so that the development of each participant
is supported. Be flexible and shall provide some opportunities for a
participant to choose how he will spend his time.
b. Provide a variety of activities suitable
to the ages and interests of the participants.
c. Be age and skill level appropriate
d. Offer project-based,
experiential activities that promote creativity and youth
self-expression
e. Offer short and
long term projects
f. Offer
opportunities for alternating periods of indoor and outdoor activities, weather
permitting
g. Offer alternating
periods of active and quiet activities
h. Offer a balance of large and small muscle
activities
i. Offer more than one
option for an activity including individual, small group or large group
activities
4. The OST
program shall offer activities that target life skill development that:
a. Encourages development of critical
thinking skills
b. Offers a
progression of skill levels within activities
5. The OST program shall offer activities
that integrate opportunities throughout the program for the participants to
develop personal responsibility, self-direction and leadership by providing
opportunities to:
a. Work on self-directed
projects
b. Make content
choices
c. Plan and conduct
activities
d. Offer opportunities
for leadership roles throughout the program
e. Support participant leadership through the
policies and engagement strategies of the program
f. Form special clubs/groups within the
program
g. Plan and participate in
community service
6. The
OST program shall provide activities that provide recognition of achievement
and participation that:
a. Promote diversity
in cultures, religion, ethnicities, abilities, etc.
b. Are representative of the varying ages,
cultures, and abilities of the participants
c. Are adaptable for different levels of
ability
7. School age
participants who leave the OST Program to participate in other activities shall
have written permission from the parents naming the activity, date, time of
leaving and returning and method of transportation.
8. Each facility is required to provide at
least four Division approved opportunities to increase parental/family
involvement. Examples of approved activities are listed below. (See Better
Beginnings website for resources,
www.arbetterbeqinninqs.com)
* Parents are allowed to observe, eat meals or snacks with a
participant, or volunteer in the program.
* Conferences are held at least once a year and at other times,
as needed to discuss participant's progress, accomplishments and
difficulties.
* A parent resource area is available with books, pamphlets or
articles on parenting and child/youth development.
* Parent meetings are held with guest speakers or special
events, for example, open house or participant's programs.
* Parents are informed of the facilities programs and
activities through a parent's bulletin board or regular newsletter.
* Parents participate in program and policy development through
board involvement, planning meetings or questionnaires.
9. There shall be sufficient lighting to
provide adequate supervision of the participants.
10. Parents shall not be denied access to
their child/youth at any time during hours of operation. (Clarification:
The intent of this rule is to ensure that the parent(s) or guardian(s) is able
to have contact with their child during hours of care. It is not intended to be
a determining factor in child custody/visitation matters, nor should it be used
to circumvent court ordered custody/visitation rights or schedules. Facilities
should encourage parents to resolve custody/visitation issues outside of the
care environment. Parents should be informed that continuing problems could
result in the dismissal of their child.)
11. Staff shall not release a participant to
anyone who is not immediately recognized as the participant's parent or as
someone on the authorized pick- up list unless:
a. The individual can provide an official
picture ID AND
b. The person in
charge can match the ID to the individual named on the participant's data
sheet
12. Verification
of permission for persons not on the authorized list shall be obtained by the
person in charge by calling the parent at a number listed in the participant's
record. The person in charge shall view an official picture ID of the
individual to verify identity.
13.
Photos or video recordings shall not be made of any participant without prior
written permission from the parent or guardian.
14. Photos or video recordings of
participants shall not be placed on social media or other websites without
prior written parental permission.
402
Outdoor Time
1. For full time programs, there shall be a
total of at least one hour of outdoor activity time per day in suitable
weather. For programs operating part day schedules (five hours per day or less)
a minimum of 30 minutes of outdoor activity shall be provided in suitable
weather. Such time shall be under the supervision of an adult to encourage
physical activity and the promotion of gross motor skills.
2. When making a determination if
participants should have outdoor time, staff shall consider the following
environmental factors:
a. When the heat index
is forecast to be ninety (90) degrees or above, it is recommended that outdoor
time be scheduled during early morning hours or the length of time spent
outdoors should be reduced to avoid heat stress.
b. When outdoor time occurs during the hotter
part of the day, it is recommended that participants have shaded area, an ample
supply of water and should be monitored closely for signs of heat
stress.
c. When outdoor time occurs
during the winter months and when temperatures are extremely cold, it is
recommended that the time scheduled for outdoor time be reduced or suspended
depending on the temperature and other weather conditions.
403
Screen Time
1. An OST Program shall ensure that their
weekly schedules are constructed in a way that no more than 25% of the
program's total weekly program hours of operation allow participants to engage
or use electronic media, solely for recreational purposes. (Participants who
require use of electronic devices for communication or navigational purposes
shall be exempt.)
2. If television
programming, videos, DVDs, or computer programs are built into an OST Program
as an activity option, the content shall be age-appropriate, non-violent, and
should have educational value.
3.
Television and software rating systems shall be used to determine appropriate
use.
4. Participants shall not be
required to participate in recreational screen time activities and shall be
offered other choices.
404
Field Trips
1. The safety and welfare of participants
during field trips is in the hands of the staff on the trip. The following
shall be met:
a. Safety risks, field trip
rules, and behavior expectations shall be discussed with participants prior to
field trip departure.
b.
Accountability of children is tightly controlled and frequent "head counts"
shall be conducted while on the trip, including loading and unloading upon
arrival and departure, and during periods of transition.
c. Regardless of which mode of transportation
is used, all vehicles shall be kept in proper operating conditions at all
times.
d. Ratios shall be adjusted
to a 1:9 depending on the risk associated with the field trip activity and/or
to maintain proper supervision of all participants in attendance on the field
trip. Risky activities include but are not limited to rock/mountain climbing,
horseback riding, canoeing, etc.
2. Written permission from parents shall be
on file for each field trip. If the facility has a scheduled, routine activity
planned to the same location a single permission form may be used for each
program year. The written permission shall include:
a. Name and description of activity
b. Date and time of leaving and
returning
c. Method of
transportation to the facility
500
BEHAVIOR GUIDANCE
501
Behavior Guidance
Requirements
1. Behavior guidance
shall be:
a. Individualized and consistent for
each participant
b. Appropriate to
the participant's level of understanding
c. Directed toward teaching the participant
acceptable behavior and self-control
2. Physical punishment shall not be
administered to participants.
3. The
Out-of-School Time (OST) Program shall offer a nurturing, respectful,
supportive and responsive environment that supports frequent interactions
between the participants and staff. Staff shall:
a. Support participants in developing an
understanding of self and others by assisting the participants in sharing
ideas, experiences and feelings
b.
Provide participants age-appropriate opportunities for growth and development
of their social and communication skills
c. Assist the participants in solving
problems
d. Foster creativity and
independence in routine activities that shall include tolerance for
mistakes
e. Treat and model equality
of all participants regardless of race, religion, culture, gender and
ability
f. Offer verbal
encouragement to the participants during the course of an activity
g. Use respectful voice tone and positive
guidance practices
h. Promote
teamwork among participants
3.For behavior guidance practices used by the
OST Program, the program shall:
a. Discuss the
behavior guidance practices of the OST Program with the parents of each
participant at the time of enrollment
b. Provide a copy of the behavior guidance
practices in writing to the parents
c. Have each parent verify in writing their
receipt of a copy of the behavior guidance practices
d. Maintain the signed verification in the
participant's record
4.
The OST Program shall guide the behavior of the participants based on an
understanding of the participant's individual needs and stages of development
by:
a. Supporting the participant's
developmentally appropriate social behavior, self-control and respect for the
rights of others
b. Ensuring that
the behavior management and discipline practices are fair, reasonable,
consistent and related to the participant's behavior
c. Ensuring that staff are responsible for
implementing the behavior management and discipline practices of the OST
Program
d. Ensuring that staff do
not administer discipline that is cruel, unusual, hazardous, frightening or
humiliating
6. Acceptable
behavior guidance techniques include:
a. Look
for appropriate behavior and reinforce the participant with praise and
encouragement when they are behaving well.
b. Remind the participant on a daily basis of
the rules by using clear positive statements regarding how they are expected to
behave rather than what they are not supposed to do.
c. Attempt to ignore minor inappropriate
behavior and concentrate on what the participant is doing properly.
d. Use brief supervised separation from the
group only when the participant does not respond to a verbal command which
instructs the participant as to how he or she is supposed to behave.
e. When a misbehaving participant begins to
behave appropriately, encourage and praise small steps rather than waiting
until the participant has behaved appropriately for a long period of
time.
f. Attend to the participants
who are behaving appropriately and other participants will follow their example
in order to obtain your attention.
7. The following activities or threats of
such activities are unacceptable as behavior guidance measures and shall not be
used for participants. These include, but are not limited to the following:
a. Using physical punishment such as biting,
or biting back, jerking, swatting, pulling hair, twisting arms, shaking,
spanking, slapping, hitting, striking, kicking or exercising other means of
inflicting physical or emotional pain or causing bodily harm
b. Using a physical restraint method that may
cause injury to the participant
c.
Using mechanical restraint, locked time-out room or closet
d. Washing mouth with soap
e. Taping or obstructing a participant's
mouth
f. Placing unpleasant or
painful tasting substances in mouth, on lips, etc.
g. Profane or abusive language
h. Isolation without supervision
i. Placing participant in dark area
j. Yelling (This does not include a raised
voice level to gain a child's attention to protect the participant from risk of
harm.)
k. Forcing physical activity,
such as running laps, doing push-ups, etc. (This does not include planned group
physical education activities that are not punitive in nature.)
I. Associating punishment with rest, toilet
training or illness
m. Denying food
(lunch or snacks) as punishment or punishing participants for not eating. Parti
cipants shall not be forced or bribed to eat.
n. Shaming, humiliating, frightening,
physically or mentally harming participants or labeling participants
o. Covering the faces of participants with
blankets or similar items
600
RECORDS
601
Record Requirements
1. All staff, participant and facility
records shall be kept and made available to the Child Care Licensing Unit on
request. The records shall be maintained for three (3) years unless otherwise
indicated.
2. Licensing compliance
forms (DCC-521) shall be available at the facility for 3 years. The facility
shall advise parents in writing that the compliance forms are available for
review upon request.
3. The
facility shall maintain daily attendance records on all participants as
follows:
a. Participants shall be signed in
and out daily by a parent, guardian, or designee. Electronic sign in and out
systems will satisfy this requirement.
b. The record shall include the date and time
of arrival and departure.
602
Facility Records
1. Facility Records shall be maintained on
site and include:
a. Attendance records on all
participants
b. Transportation
rosters, if applicable (maintained for one year)
c. Verification of current vehicle
registration, if applicable
d.
Verification of required commercial vehicle insurance coverage, if
applicable
e. Verification of
required Child Care Liability Insurance
f. Verification of current pet vaccinations,
if applicable
g. Verification of
annual fire department approval
h.
Verification of annual health department approval
i. Verification of zoning approval
(maintained as part of permanent record)
j. Verification of annual approval by the
Boiler Inspector Division of the Department of Labor
k. Mobile Home Commission approval for double
wide manufactured homes, if applicable (maintained as part of permanent
record)
I. Record of emergency
drills
m. Plans and procedures of
Emergency Preparedness
n. Procedures
for reporting allegations of child maltreatment
o. Procedures for reporting suspected
licensing violations
p. Licensing
compliance forms
q. Log of Product
Recall and Safety Notices from CPSC or Attorney General's Office
r. Articles of Incorporation, if applicable
(maintained as part of permanent record)
s. Current list of names, addresses and phone
numbers of the Board of Directors, if applicable
603
Staff Records
1. Staff records may be maintained off site,
unless otherwise noted, and shall contain the following:
a. Name, date of birth, address and telephone
number
b. Education, training and
experience, including a copy of the GED or high school diploma (If these
documents are no longer available, proof of reasonable effort to obtain the
documentation is acceptable.) (Clarification: Training hours will
be counted on a calendar year basis or by the facility's operating schedule if
they do not operate year round.)
c.
Employment related information for previous six (6) years, with written
documentation of verification of employment and reference checks
d. Attendance record, listing days and hours
worked
e. Date of employment and
date of separation
f. Documented
training or continuing education; i.e., orientation, in-service training, and
workshop documentation, which shall include title of workshop, presenter, hours
of training and date
g. Initiation
of Criminal Record Checks and Central Registry Checks and the results obtained
when received
h. Verification of
completion of the required transportation training and a readable, current copy
of the driver's license for all staff who transport participants (copy must be
on site)
i. Verification of First
Aid and/or CPR for applicable staff (copy must be on site)
j. Documentation of new employee
evaluations.
604
Participants' Records
1. The OST Program shall maintain a record
for each participant in care which shall be on site. Records for participants
no longer enrolled may be maintained off site. Participants' records shall
contain the following information:
a.
Application form which includes participant's name, date of birth and address,
name of parent or guardian, telephone numbers (home and business), work hours
of parents or guardians, and date of enrollment in facility.
b. The name, address, and telephone number
(home and business) of a responsible person to contact in an emergency if the
parent or guardian cannot be located promptly.
c. Name, address and telephone of
participant's physician or emergency care facility.
d. Written permission of parent or guardian
authorizing emergency medical care and transportation of participant for
emergency treatment (This authorization shall accompany participants anytime
they are transported.)
e. Name(s)
of persons authorized to pick up participant.
f. Permission slips signed by parent or
guardian authorizing the participant to be taken on specific field
trips.
g. Pertinent medical history
on the participant.
h. An
authorized record of up-to-date immunizations or documentation of a religious,
medical or philosophical exemption from the Arkansas Department of Health
(Updated immunization schedules will be provided as changes are received from
the Arkansas Department of Health.)
i. A record of all accidents, incidents, or injuries indicating
the location, time of day, area or piece of equipment where the incident
occurred. A copy of this shall be given to the parent on the day of
occurrence,
j. Any legal or medical
documentation that has been given to the facility, by the parent or legal
guardian, regarding the care of the participant,
k. Written permission for the facility to
photograph or video tape their child, if applicable.
I. Written permission for the facility to
place photos and video recordings of their child on social media websites, if
applicable.
700
NUTRITION
701
Nutrition Requirements
1. The OST Program shall ensure that during
all day program operations that a lunch and a mid-morning and mid-afternoon
snack is served to each participant.
2. Breakfast, lunch, snacks and evening meals
shall each meet current U.S. Department of Agriculture
guidelines, including portion size. (See Appendix C) Menus for all food service
shall be posted. If sack lunches are utilized, the facility shall ensure that
they also meet these requirements. Milk shall be served to each participant
during the day. Exceptions may be made for participants who suffer allergies to
milk. The facility shall obtain written instructions for allergy
substitutions.
3. Breakfast may be
served to all participants rather than a morning snack provided there is no
more than 3 hours between the beginning of breakfast and the beginning of
lunch.
4. All food service surfaces
shall be kept sanitary.
5. Food
shall be served on individual plates, bowls, or other dishes that can be
sanitized or discarded.
6. Food and
drinks which are not available to the participants shall not be consumed by
staff in the participants' presence.
7. All food brought in from outside sources
shall come from Health Department approved kitchens and shall be transported as
per Health Department requirements, or the food shall be in an individual,
commercially pre-packed container. (This does not include individual sack
lunches brought from home.)
8. All
refrigerators used for food storage shall be maintained at a temperature of 41
degrees or below, and all freezers used for food storage shall be maintained at
a temperature of 0 degrees or below.
9. Vending machines are acceptable provided
they are not the only source of snacks/or beverages.
10. Staff shall provide supper to
participants during the evening meal hours.
11. Staff shall provide snacks to
participants in attendance for more than 2 V2 hours prior to bedtime.
800
BUILDINGS
801
Building
Requirements
1. OST Facilities shall
comply with the Minimum Requirements of the currently adopted
Arkansas Fire Prevention Code as administered by local fire
department or by the State Fire Marshal, who has final authority. Written
verification of annual approval shall be maintained on file. (Note that
the State and Local Fire Codes may not allow the use of basements or floors
above ground level by participants, first grade and younger,
unless there is a ground level exit.)
2. State Health Department
requirements shall be met. Written verification of annual approval shall be
maintained on file.
3. Department
of Labor, Boiler Inspection Division requirements shall be met. All water
heaters and any other boilers in licensed OST Facility settings shall be
inspected on an annual basis and/or upon installation. Verification that
initial inspection has been scheduled and annual approval shall be maintained
on file. Inspection, or proof of attempt to set up initial inspection, shall be
completed within six (6) months of licensure. Scheduling and completion of
annual inspections will be the responsibility of the Department of Labor,
however, the facility is responsible for cooperating and keeping documentation
of such inspection on file for review. (AR Code §
20-23-101 et. seq.)
4. All space used by the OST Program shall be
kept clean and free of hazardous or potentially hazardous objects. (These
objects include, but are not limited to, poisonous substances, firearms,
explosives, broken toys/equipment, or other objects that could be harmful or
dangerous, if they are determined to be accessible to participants.)
5. Twenty-five square feet per participant of
usable floor space shall be required for indoor activities. This does not
include bathrooms, kitchen and hallways. Usable space in the OST Program shall
include areas in the program used for storage of programmatic materials which
are accessible to participants. This does not include closets or storage space
for equipment that is not in use.
6. If a facility utilizes the out-of doors as
its major program component for school-age participants, covered pavilions and
other roofed structures shall provide 25 square feet per participant.
7. Separate space shall be provided for the
isolation of participants who become ill and shall be located in an area that
can be supervised at all times by a staff member.
8. All parts of the OST Facility used by the
participants shall be well heated, air conditioned, lighted and ventilated and
maintained at a comfortable temperature. Glass doors shall be clearly marked.
When windows and doors are used for ventilation, they shall be screened and
shall not present a safety hazard.
9. Floor furnaces, gas heaters, electric
heaters, hot radiators, water heaters, air conditioners and electric fans shall
have guards and shall not present a safety hazard. Portable fuel fired heaters
shall not be used.
10. It is
recommended that if natural gas or propane is used, the facility's heating
& ventilation systems shall be inspected and cleaned (if necessary) before
each heating season by a qualified HVAC technician.
11. Carbon monoxide detectors shall be placed
in facilities according to manufacturer's recommendations if one of the
following situations applies:
a. Facilities
using wood, propane, natural gas or any other product as a heat source that can
produce carbon monoxide indoors or in an attached garage.
b. Any situations where carbon monoxide
detectors are required by state or local law
12. Floors, ceilings and walls shall be in
good repair and kept clean. Paints used at the facility shall be lead
free.
13. An OST Facility_shall
have an operable telephone on site all hours participants are in care. The
Licensee shall provide the phone number to the Licensing Unit and to the
parents. (This phone may be a cell phone if the phone stays operable, stays at
the facility during all hours of care, and is the phone number provided to the
Licensing Unit and the parents.)
14. The following structures shall not be
used as OST Facilities:
a. Manufactured homes
constructed prior to June, 1976
b.
Manufactured homes constructed with metal roofs and outside walls
c. Single-wide manufactured homes
d. Portable storage type buildings
15. Double-wide manufactured homes
may be considered provided they are tied down in accordance with the
manufacturer's tie down specifications manual. Any new applicant for an OST
Facility that requests the use of a manufactured home shall obtain an
inspection at the applicant's expense from the Arkansas Manufactured Home
Commission.
16. Manufactured homes
currently licensed as child care facilities shall be tied down as recommended
by the Arkansas Manufactured Home Commission.
17. Portable classroom buildings are not
considered manufactured homes, but do require Fire Department approval.
Portable classroom buildings installed after 11-1-2002 shall have Fire
Department approval prior to purchase and installation.
900
Playgrounds/Outdoor Learning Environment
To provide the safest possible playground environment, you are
encouraged to meet Consumer Product Safety Commission's guidelines listed in
the "Handbook for Public Playground Safety". However, the following are minimum
requirements and shall be met.
Please note that these requirements do not mandate the
use of any playground equipment that would require use zones and protective
surfacing. Numerous options for suitable playground environments are available
and acceptable.
Examples of such activities are:
* Sand boxes
* Activity walls at ground level
* Art easels
* Balls & games
* Play houses
* Nature walks
* Use of the approved natural environment for outdoor
learning
The use of public playgrounds and other play environments away
from the facility is not recommended as these environments may not meet
acceptable safety standards. If these playgrounds are used staff should provide
close supervision and not allow children to use any equipment that appears
unsafe (eg: broken equipment, sharp objects, strangulations hazards, etc.)-
Using playgrounds and other play environments away from the facility is
considered a field trip and all field trip requirements shall be
followed.
901
Layout &
Design
1. A diagram of the playground
shall be submitted, clearly identifying the perimeter of the playground, with
measurements, and identifying each piece of equipment used by the children
enrolled at the licensed facility. This documentation shall be in the form of a
satellite photo from an internet site such as Google Maps, or a diagram if a
satellite photo is not available.
2. Any changes in the playground area
boundaries and/or equipment requested must be submitted in writing and approved
prior to use.
3. All equipment and
protective surfacing shall be installed and maintained according to
manufacturer's guidelines.
4. The
play area/outdoor learning area shall be fenced or otherwise enclosed and
provide at least 75 square feet per child present on the playground at any
time.
5. There shall be an outside
exit from the play area.
6. The
area shall be well drained.
7.
There shall be equipment and activities appropriate for the age and number of
participants enrolled in the facility.
8. Separate play areas or time schedules
shall be provided if, infants and toddlers share playgrounds with older
participants.
9. All outdoor areas
used by participants shall be properly maintained.
902
General Hazards
1. The area shall be free of hazards or
potentially hazardous objects.
2.
Equipment that has been determined by the Division to be unsafe for the
participants in the licensed facility to use shall be removed from the play
area, or enclosed by a fence or other suitable barrier so the participants will
not have access to it.
3. All newly
purchased playground equipment designed for participants to play or climb on,
such as slides, swings, composite structures, etc., shall be commercially
manufactured and certified to meet ASTM or CPSC standards for public
playgrounds. Equipment in place prior to January 1, 2014 may continue to be
used provided it meets all other licensing requirements.
4. Equipment, which is designed to be
anchored, shall be properly anchored so that the anchoring devices are below
ground level.
5. Sand for playing
shall be kept safe and clean.
6.
Paint on equipment shall be lead free.
7. All fasteners, including S-hooks, shall be
securely tightened or closed.
8.
There shall be no sharp points, corners, edges, or splinters.
9. Equipment shall not have protrusion
hazards. (A protrusion is a projection which, when tested, is found to be a
hazard having the potential to cause bodily injury to a user who impacts
it.)
10. Equipment shall not have
entanglement hazards. (An entanglement is a condition in which the user's
clothes or something around the user's neck becomes caught or entwined on a
component of playground equipment.)
11. Trampolines shall not be used.
(Therapeutic use of trampolines is acceptable if supervised by the therapist on
a one-on-one basis.)
12. Ball pits
shall not be used. (Ball pits are large areas or "pits" filled with balls
intended for children to jump in and play. Therapeutic use of ball pits is
acceptable if supervised by the therapist on a one-on-one basis.)
13. Wading pools shall not be used. This does
not prohibit the use of sprinklers and water play.
14. To prevent entrapment, there shall be no
opening(s) between any interior opposing surfaces between 3.5 and 9 inches.
(Openings in equipment that might allow a child's body to pass through, but not
their head.) Ground bounded openings are exempt.
15. Providers/caregivers shall be aware of
and remove when possible any hazardous items children may wear on play
equipment such as helmets, drawstrings, and other accessories around the neck
that may cause a strangulation/entanglement hazard.
16. All participants shall wear properly
fitted and approved helmets while riding on bicycles and when using roller
skates, skate boards, roller blades and scooters. Helmets shall be removed as
soon as participants stop riding this equipment. Helmets shall meet CPSC
standards.
17. All soccer goals
shall be commercially manufactured and installed and anchored according to
manufacturer's guidelines.
903
Balance Beams
1. Balance beams shall not be higher than 12
inches.
2. Balance beams shall have
use zones with protective surfacing.
904
Slides
1. Slides shall not have any spaces or gaps
between the platform and the slide surface.
2. Slides shall have a transition platform of
at least 14 inches deep for school age participants.
905
Swings
1. The following swings shall not be used for
any ages:
a. Multi-occupancy swings designed
to hold more than one participant, except tire swings
b. Heavy molded swings such as animal figure
swings
c. Free swinging rope (Tarzan
ropes)
d. Swinging exercise rings
e. Trapeze bars
f. Swings attached to a composite structure
(Composite Structure is defined by CPSC as, "Two or more play structures
attached or functionally linked, to create one integral unit that provides more
than one play activity.")
2. There shall be no wood or metal swing
seats.
906
Climbing Equipment1. Flexible grid
climbing devices, such as rope or chain ladders, climbing ropes, etc., shall be
securely anchored at both ends.
2.
Sliding poles shall have no protruding welds or seams along the sliding surface
and the pole shall not change directions.
907
Merry Go Rounds
1. The only merry-go-rounds allowed are
portable merry-go-rounds not designed to be anchored.
2. Merry-go-rounds shall have handgrips or
other secure means of holding on.
908
Seesaws
1. Seesaws without spring centering devices
shall have shock absorbing materials, such as partial tires embedded in the
ground underneath the seats or secured to the underside of the seats.
2. Hand holds shall be provided for both
hands at each seating position and shall not turn when grasped.
3. Hand holds shall not protrude beyond the
sides of the seat on seesaws.
909
Protective Surfacing
1. There shall be use zones and protective
surfacing under and around all equipment that is over 18 inches in height at
the highest accessible point. The highest accessible point is defined as the
highest surface on the piece of equipment where participants will sit or stand
when the equipment is used as intended. Use zones shall extend a minimum of 6'
in all directions (unless otherwise specified) from the perimeter of the
equipment. (Playground equipment that is between 18 inches and 24 inches at the
highest accessible point and that was installed prior to the enforcement date
of this revision is allowable without protective surfacing, as long as it meets
all other requirements.)
2. Swings
require use zones and protective surfacing regardless of height.
3. Use zone protective surfacing depths shall
be as follows:
Minimum compressed loose-fill protective surfacing
depths
|
Inches |
Loose-Fill Material |
Protects to Fall Height of: |
|
a. |
6* |
Shredded/recycled rubber |
10 feet |
|
b. |
9 |
Sand |
4 feet |
|
c. |
9 |
Pea Gravel |
5 feet |
|
d. |
9 |
Wood mulch (non-CCA) |
7 feet |
|
e. |
9 |
Wood chips |
10 feet |
*Shredded/recycled rubber loose-fill protective surfacing does
not compress in the same manner as other loose-fill materials. However, it is
recommended that, care be taken to maintain a constant depth as displacement
may still occur
4. Shock
absorbent material such as sand, pea gravel, wood chips, wood mulch, shredded
tires, etc., shall be used in use zone areas under and around playground
equipment which requires a use zone.
a. When
purchasing gravel, care should be taken prior to purchase to insure that the
gravel is actually pea gravel that is smooth and rounded, and not crushed rock
or gravel with sharp edges. Crushed rock and sharp gravel will not be
approved.
b. Pea gravel used for
use zones shall not be over V2 inch in diameter.
c. Different types of protective surfacing
materials shall not be combined within the same use zone area.
5. Hard surface materials, such as
asphalt and concrete shall not be used as base surfaces in the use zones except
under commercial matting or other systems/products designed to be installed
over hard surfaces as directed by the manufacturer.
6. SLIDES: The use zone for slides measuring
6 feet or over, measured from the slide platform to the ground, shall extend 8
feet from the exit end of the slide. Use zones for slides measuring under 6
feet from the platform to the ground shall extend 6 feet from the exit end of
the slide.
7. SWINGS: The use zone
for single-axis swings (standard swings) (except toddler swings) shall extend
to the front and to the rear of the swing a minimum distance of two times the
height of the pivot point (where the chain attaches to the frame) above the
playing surface. The use zone for toddler swings shall extend to the front and
rear of the swing a minimum of two times the distance from the pivot point to
the swing seat. Use zones shall also extend 6 feet to the sides of the swing
set.
8. SWINGS: The use zone for
multi-axis swings (such as tire swings or others with three or more suspending
chains) shall extend in all directions a minimum of six feet, plus the height
of the suspending rod or chain. The use zone from the end of the structure must
also extend a minimum of 6 feet in all directions.
9. Use zones shall be free of obstacles onto
which participants may fall.
1000
FURNITURE & EQUIPMENT
1001
Furniture & Equipment
Requirements1. All manufacturer
guidelines shall be followed for furniture and equipment that is used by, or
around, participants.
2. All
equipment shall be sturdy, clean, and safe.
3. Paint on toys, equipment and other
materials shall be lead free.
4.
Chairs and tables shall be size-appropriate for participants.
5. The OST Program shall provide
individualized space for storing personal belongings.
6. There shall be storage space for extra
materials and other equipment when not in use.
7. Outdoor equipment that requires use zones
and protective surfacing shall require the same use zones and protective
surfacing if used inside the facility. (This does not apply to equipment
specifically designed for indoor use only.)
1002
Sleeping Equipment
1. There shall be a labeled, individual cot
or mat, bottom sheet, and adequate cover for each participant in care during
rest time.
2. The use of mats shall
be acceptable if they are at least 2 inches thick, washable, waterproof, and
size-appropriate for participants.
3. All sleeping equipment shall be kept at
least one foot apart to prevent cross-contamination and ease of access in an
emergency.
4. Sheets and covers
shall be washed at least once a week. Once a sheet/cover/blanket has been used
by a participant, it shall not be used by another participant until it has been
washed.
1100
HEALTH
1101
General
Health Requirements1. No participant
or staff shall be admitted who has a contagious or infectious
disease.
2. The parent or legal
guardian shall be notified as soon as possible when a participant has any
symptom that requires exclusion from the facility. The participant shall be
separated from other participants and closely monitored until the parent
arrives to pick the participant up.
3. The caregiver should determine if the
illness prevents the participant from participating comfortably in activities,
results in a greater need for care than the child care staff can provide
without compromising the health and safety of the other participants, or poses
a risk of spread of harmful diseases to others.
4. The caregiver shall temporarily exclude
the participant from care if the participant has:
a. Sudden change in behavior, such as:
* lethargy or lack of responsiveness
* unexplained irritability or persistent crying
* difficult breathing
* a quickly-spreading rash
b. Fever over 101 degrees/oral, 100/axillary
(or equivalent method) in a participant who also has pain, behavior changes, or
other symptoms of illness.
c.
Diarrhea, defined as watery/runny stools, if frequency exceeds 2 or more stools
above normal for that participant, and is not related to a change in diet or
medication. Exclusion from the OST program is required if diarrhea cannot be
contained in the diaper or if diarrhea is causing soiled clothing in
toilet-trained participants
d.
Blood or mucus in stools (unless caused by hard stools)
e. Vomiting illness (2 or more episodes of
vomiting in the previous 24 hours)
f. Abdominal pain which lasts more than 2
hours
g. Mouth sores with
drooling
h. Rash with fever or
behavior change
i. Conjunctivitis
or "pink eye" - with white, yellow, or green eye discharge and red
("bloodshot") eyes, exclude only if participant has:
* fever,
* eye pain
* redness and/or swelling of the skin around the eyes,
or
* if more than one participant in the program has
symptoms
j. Pediculosis
(head lice), until after the first treatment.
k. Active tuberculosis, until a health care
provider or health official states that the participant is on appropriate
therapy and can attend the OST program.
I. Impetigo, until treatment has been
started;
m. Strep throat, until 24
hours after antibiotic treatment has been started
n. Chicken pox, until all lesions have
crusted (usually 6 days after the rash appears)
o. Rubella, until 6 days after onset of
rash
p. Pertussis (whooping cough);
until 5 days of antibiotic treatment
q. Mumps, until 5 days after onset of gland
swelling
r. Measles, until 4 days
after onset of rash
s. Hepatitis A,
until 1 week after onset of illness or as directed by the health
department
5. Any
participant who is injured shall have immediate attention. Parents shall be
notified of all injuries. Injuries that require the attention of medical
personnel shall be reported to the parent immediately and to the Licensing Unit
within one business day.
6. Parents
or guardians of all participants shall be notified of contagious illness as
soon as possible.
7. If the policy
of an OST Program authorizes staff to administer prescription medications,
staff shall do so only:
8.
Medication shall be given to participants only with signed parental permission
which includes date, type, drug name, time and dosage, length of time to give
medication, and what the medication is being given for. It shall be in the
original container with a child resistant cap, not have an expired date, and be
labeled with the participant's name. (Aspirin substitutes, such as ibuprofen
and acetaminophen, may be provided by the facility if parental permission has
been granted. These medications shall be in the original container.) Staff
shall not dispense medications in dosages that exceed the recommendations
stated on the medication bottle.
9.
Participants with special health care needs (ex. asthma, seizures, diabetes,
etc.) who require scheduled daily medications or medications to be given on an
emergent basis (Benadryl, EpiPen, rescue asthma medication, etc.) shall have a
care plan. Care plans shall have clearly stated parameters, directions, and
symptoms for giving the medications. Care plans shall be updated as needed, but
at least yearly.
10. The facility
shall share information with families regarding medical homes for
participants.
11. The staff person
who administers the medication shall initial the permission slip and record the
date, time and dosage the medication was administered.
12. Medication shall be returned to the
parent or disposed of properly when a participant withdraws from the program or
when the medication is out of date.
13. Medicine shall be stored at the proper
temperature, separately from food at all times.
14. A first aid supply shall be kept out of
reach of the participant. A first aid kit containing medications shall be
locked. This kit shall include the following:
a. Adhesive Band-Aids (various
sizes)
b. Sterile gauze squares
c. Adhesive tape
d. Roll of gauze bandages
e. Antiseptic
f. Thermometer
g. Scissors
h. Disposable gloves
i. Tweezers
15. Medicine shall be kept out of the reach
of the participants when dispensing and shall be stored in a locked area at all
other times.
16. Facilities shall
comply with the Clean Indoor Air Act of 2006. Smoking in an OST Program is
prohibited at all times. This includes:
a. All
areas of the facility, regardless of whether participants are in care (includes
time periods such as nights, weekends, holidays, etc., also includes office
areas or other areas of the facility that share the same ventilation
systems)
b. Outdoor play
area(s)
c. Other outdoor areas when
participants are present
d. In any
vehicle used to transport participants, whether participants are present in the
vehicle or not
17. The
facility shall follow any health or medical care plans and/or medical
documentation as provided by the participant's physician, parent, or
guardian.
18. Universal precautions
shall be used when handling items contaminated by blood. These items shall be
disposed of separately and by using rubber gloves that shall be properly
disposed of after each use. (Note: hands must be washed even after gloves are
used.) It is recommended that universal precautions be used when handling and
disposing of materials containing bodily secretions, such as wet or soiled
diapers, fecal matter, etc.
19.
Garbage shall be kept in closed containers. Garbage and trash shall be removed
from the program daily and from the grounds at least once a week.
20. The facility shall be free of insects,
rodents, and pests.
21. There shall
be no pets or animals allowed that present a health and safety threat.
Certification from a licensed veterinarian shall be maintained on site
verifying that dogs and cats have a current vaccination against
rabies.
22. The communicable
diseases listed in Appendix B, whether suspected in a participant or adult
shall be reported within 24 hours to either the local County Health Unit or the
toll free Reporting System ( 800-482-8888). Immediate notification is
recommended for the following:
a. Hepatitis
b. Rash illness (including MEASLES
& RUBELLA)
c. WHOOPING
COUGH(pertussis)
d.
MENINGITIS
e. MUMPS
f. Tuberculosis
g. Salmonellas (including typhoid),
h. E-coli
23. Reporting data should include:
a. The reporter's name, location, and phone
number
b. The name of the disease
reported and the date of onset
c.
The patient's name, address, phone number, age, sex and race (Please spell the
patient's name)
d. The attending
physician's name, location and phone number
e. Any pertinent clinical and laboratory
information used in the diagnosis (Please give the laboratory name)
f. Any treatment information, if
known
24. Immunization
records shall be required for OST participants.
25. It is recommended that all staff members
who have direct contact with participants receive annual Influenza (flu)
immunizations.
26. It is
recommended that all staff members who have direct contact with participants
receive a one-time Tdap (Diphtheria, Tetanus & Pertussis)
immunization.
27. It is recommended
that all staff members who have direct contact with participants receive the
recommended series of immunizations for chicken pox, mumps, measles and rubella
or evidence of immunity.
28.
Participants shall be protected from overexposure to the sun. Sunscreen shall
be used if needed and as directed by the parent. OST participants may apply
sunscreen to themselves with supervision. A blanket permission may be obtained
annually.
29. It is recommended
that the facility have an automated external defibrillator on site and have a
staff member(s) on-site who is trained in the proper use of this
device.
1102
Hand
Washing1. Individual towels, paper
towels or forced air dryers shall be within the reach of
participants.
2. A liquid soap
shall be accessible in the hand washing area and used by caregivers and
participants.
3. Running water
shall be available in all lavatories.
4. All staff and participants shall wash
their hands with soap and water at the following times:
a. Before meals and snacks
b. Before preparing meals
c. After toileting
d. After each diaper change (if applicable)
e. After contact with bodily
fluids
f. After outdoor
time
g. After coming in contact with
animals
h. Other times as
needed
5. Alternative
methods of hand washing shall be provided if running water is not
available.
6. The use of hand
sanitizer shall not be a replacement for soap and running water.
7. A wash cloth or towel shall not be used
more than one time before laundering.
1103
Drinking Facilities
1. The water supply shall be approved by the
Arkansas Department of Health.
2.
Drinking water shall be provided to the participants.
3. Drinking water shall not be obtained from
the hot water supply.
1104
Toilet Facilities
1. There shall be 1 toilet and 1 sink
available for each group of 30 participants.
2. Separate toilet facilities for boys and
girls shall be provided.
3. Clean
clothes shall be available for participants who might soil
themselves.
4. Each OST Program
licensed or approved for more than thirty (30) participants shall have a
separate rest room for staff.
5.
Toilet tissue shall be located within reach of the participants when
toileting.
6. Staff shall assist
participants in toilet routines and hygiene practices as needed.
7. Toileting equipment shall be safe and
sanitary.
1105
Diaper Changing
1. When participants
require diapering, there shall be a safe diaper changing area which meets the
following criteria:
a. Impervious
(non-absorbent) smooth surfaces that do not trap soil and are easily
disinfected
b. There shall be a
changing pad capable of being sanitized used as a cushion between the child and
the changing surface.
2.
Participants shall always be attended during diapering.
3. Soiled or wet diapers shall be removed and
replaced with clean, dry diapers. The caregiver shall ensure that participants
are properly cleaned and dried.
4.
Soiled cloth diapers or clothing shall not be rinsed. If a participant's own
diapers are used, they shall be sanitarily bagged to be taken home
daily.
5. Diaper covers or plastic
pants shall be handled in the same manner as cloth diapers.
6. All diapering preparations shall be placed
out of the reach of participants. The use of all diapering preparations shall
be agreed upon by the caregiver and parent.
1200
SAFETY
1201
Safety Requirements
1. Within 30 days of licensure and within 30
days of any change or modification of the floor plan the facility shall file a
copy of their floor plan with the local Office of Emergency Management
including the following (§
20-78-228 Act 1159 of 2013):
a. A schematic drawing of the facility and
property used by the child care facility including the configuration of rooms,
spaces, and other physical features of the building
b. The location or locations where children
enrolled in child care spend time regularly
c. The escape routes approved by the local
fire department for the child care facility
d. The licensed capacity and ages of children
per room at the facility
e. The
contact information for at least two emergency contacts for the
facility
f. An aerial view of the
child care facility and property used by the child care facility shall be
included with the floor plan if available
2. The OST Facility shall have a written plan
detailing the procedures to follow in the event of emergencies (fires, floods,
tornadoes, utility disruptions, bomb threats, etc.) (Act 801 of 2009). The plan
and procedures are required for emergencies that could cause structural damage
to the facility, be identified as a threat by the Arkansas Department of
Emergency Management or pose a health and/or safety hazard to the participants
and staff.
3. The written plan
shall include the following information:
a.
Designated relocation site and evacuation route
b. Procedures for notifying parents of
relocation
c. Procedures for
ensuring family reunification
d.
Procedures to address the needs of individual participants, including
participants with special needs
e.
Procedures and documentation for annual training of staff regarding the plan
and possible reassignment of staff duties in an emergency
f. Plans to ensure that all staff and
volunteers are familiar with the components of the plan
3. The facility shall coordinate with local
emergency management officials to plan for emergencies.
4. Written procedures and evacuation diagrams
for emergency drills shall be posted in each program space.
5. Fire and tornado drills shall be practiced
as follows:
a. Monthly
b. Fire and tornado drills shall be practiced
on separate days and at different times of the day.
c. Everyone in the facility, at the time of
the drill shall participate.
d.
Staff, including volunteers and substitutes, shall be trained in emergency
drill procedures.
e. Drills shall
be conducted during all hours when participants are in care (evenings, nights,
weekends, etc.)
6. The
facility shall maintain a record of emergency drills. This record shall
include:
a. Date of drill
b. Type of drill
c. Time of day
d. Number of participants participating in
the drill
e. Length of time taken to
reach safety
f. Notes regarding
things that need improved upon.
7. The OST Facility shall maintain an
evacuation pack that shall be taken on all drills and during actual emergency
evacuations. The pack shall be easily accessible in an emergency and all staff
shall know the location of the pack. The evacuation pack shall include, but is
not limited to the following:
a. List of
emergency numbers
b. List of all
emergency and contact information for participants
c. List of all emergency and contact
information for staff
d. First aid
kit (requirement 1101.6) with extra gloves
e. Kleenex
f. Battery powered flashlight and extra
batteries
g. Battery powered radio
and extra batteries
h. Hand
sanitizer
i. Notepad and
pens/pencils
j. Whistle
k. Disposable cups
I. Wet wipes
m. Emergency survival
blanket
8. The facility
shall immediately notify the Licensing Unit of any extended utility outages or
significant damage to the building and/or grounds. If phone service is not
available, notification shall be as soon as service is restored or
available.
9. OST Facilities shall
maintain a log of all child product recalls and safety notices issued by CPSC
or distributed by the Attorney General's Office and shall post or otherwise
make these notices available for parents to review on site. The facility
director shall certify, on an annual basis, that these notices have been
maintained and reviewed and that any identified items have been removed from
the facility. Forms for self-certification will be provided by the Licensing
Specialist and shall be submitted annually. (Act 1313 of 2001).
10. There shall be no alcoholic beverages in
any part of the facility during hours of care. Illegal drugs/paraphernalia
shall not be in any part of the facility or on the premises, regardless if
participants are present or not.
11. All medications and poisonous substances
shall be kept in separately locked areas.
12. Rescue medications such as inhalers or
EpiPens shall be inaccessible to children (kept in a cabinet with a child proof
type safety latch or carried by a staff member.)
13. All detergents and cleaning supplies
shall be kept out of the reach of participants. (This does not include hand
soap in participants' or staff bathrooms.)
14. Supplies used for participants'
activities shall be carefully supervised.
15. All bags belonging to participants shall
be checked on arrival to eliminate possible hazards. Purses and bags belonging
to staff shall be stored out of reach of participants.
16. Balloon use shall be carefully
supervised.
17. Staff shall be
instructed in the use of fire extinguishers.
18. The facility shall maintain smoke
detectors/fire extinguishers as required by the Fire Department. Smoke
detectors shall be kept in working order at all times.
19. Chemicals and toxins shall not be stored
in the food storage area.
1202
Swimming Pools
1. Swimming pools and natural pools of water
may be used for water play if the following requirements are met:
a. Health Department approval where
applicable
b. Written parental
permission
c. One person present at
all times who has current certification in Red Cross Life Saving, Y.M.C.A.
aquatic instruction or other industry recognized certification
entity.
2. Adult
supervision of the children shall be provided at all times, with grouping based
on a 1:8 staff/participant ratio. (Unless participants are participating in an
authorized swimming instruction program.)
3. Lifeguards, swimming instructors or any
other swimming pool staff may be counted in the ratio when the OST Facilities'
participants are the only occupants of the pool and these persons have
completed criminal and child maltreatment background checks and have a current
health card.
4. Swimming pools
located within the play area of the OST Facility shall be enclosed. The
enclosure shall consist of a locked gate and a fence that is at least four feet
high.
1300
TRANSPORTATION
1301
Transportation Requirements1. The
requirements in this section apply to all transportation provided by the
licensee, including transportation provided by any person on behalf of the
licensee, regardless of whether the person is employed by the licensee.
Periodic transportation, such as a parent requesting that their child be picked
up at school due to the parent's work schedule or other conflicts, is also
covered by these requirements, whether a fee is charged for this service or
not.
2. When participants are
transported emergency contact information shall be maintained on the vehicle at
all times.
3. Staff transporting
participants shall meet the following requirements:
a. Be at least twenty-one (21) years old or
the minimum age required by the Licensee's commercial auto insurance
b. Hold a current valid driver's license or
commercial driver's license as required by state law, and a readable copy shall
be maintained in the staff's record
c.
Successfully completed the training course in Driver Safety that
is offered or approved by the Division prior to transporting participants.
Verification of the completed course in Driver Safety (when available) shall be
maintained on site in the staff's record.
d. At least one adult on the vehicle shall be
certified in CPR and First Aid.
4. The vehicle(s) used for the transportation
of participants_sha11 be in compliance with Arkansas state laws on
transportation of participants.
5.
Vehicles shall be licensed and maintained in proper working condition including
air conditioning and heating systems.
6. Commercial insurance coverage shall be
maintained for any vehicle used for transportation by the facility.
Verification of commercial insurance coverage shall be provided to the
Licensing Specialist prior to transportation of participants. (Facilities
licensed prior to the effective date of these regulations shall obtain required
coverage within ninety (90) days.) Required coverage amounts to be maintained
are:
a. Minimum coverage of $100,000 Combined
Single Limit (CSL)
b. Minimum
coverage of $100,000 for both Uninsured Motorist (UM) and Under Insured
Motorist (UIM)
c. Minimum coverage
of $5,000 Personal Injury Protection (PIP) for each passenger (based on the
number of passengers the vehicle is manufactured to transport)
7. During routine transporting of
participants to and from an OST Program, a ratio of 1:18 does not need to be
maintained as long as there is one additional adult present in the vehicle
besides the driver. When transporting participants for non-routine purposes
(ex. field trip) a ratio of 1:18 needs to be maintained at all times. The
driver may be counted in staff/participant ratio.
8. Any participant who is less than 6 years
old or weighs less than 60 pounds shall be restrained in a child passenger
safety seat. Any participant who is at least 6 years or weighs at least 60
pounds must be restrained by a safety belt. (Act 470 of 2001). Conventional
school busses are exempt from this requirement except for the transportation of
infants/toddlers. (See# 1302.2) Child passenger safety seats shall be used in
accordance with manufacturer's guidelines.
9. There shall be a seating space and an
individual, appropriate restraint system provided for each participant
transported.
10. Rosters listing
the date, the names and ages/date of birth of all participants being
transported as well as the name of the driver and any other staff member on the
vehicle shall be maintained. These rosters shall be used to check participants
on and off the vehicle when they are picked up and dropped off at home, school,
etc. and when they arrive at and leave the facility. Transportation rosters
shall be kept by the facility and available for review for one year.
11. To insure that no participants are left
on the vehicle, the driver or a staff member must walk through the vehicle and
physically inspect each seat before leaving the vehicle. The driver or the
staff member, who conducted the walk through inspection, must sign the
transportation roster to verify that all participants have exited the
vehicle.
12. To insure that
participants have safely arrived in the appropriate program space, the
transportation roster shall be reviewed by the Director or designee and
compared with attendance records. The Director or designee shall sign off on
the transportation roster to verify that all participants have safely
transitioned from the vehicle to the program.
13. Any vehicles designed or used to
transport more than seven (7) passengers and one (1) driver must have approved
child safety alarm devices installed. These devices must be properly maintained
in working order at all times.
Vehicles in service at licensed facilities prior to July 1,
2005, shall have the alarm installed by a qualified technician or mechanic no
later than December 31, 2005. On or after July 1, 2005, all vehicles at newly
licensed facilities and newly acquired vehicles at existing facilities shall
have a child safety alarm installed before placing the vehicle in
service.
The Child Care Licensing Unit shall maintain a list of approved
alarm systems.
Clarification -
* The alarm system shall be installed so that the driver must
walk to the very back of the vehicle to reach the switch that deactivates the
alarm. Alarm switches installed in locations that do not require the driver to
walk to the back of the vehicle and view all seating areas will not be
acceptable.
* The alarm system may be installed by any certified technician
or mechanic employed by a recognized electronics or automotive business in
accordance with the devices manufacturer's recommendations.
* The time delay from activation of the alarm until the alarm
sounds shall be no longer than one minute. Any of the following three
options are acceptable to meet the intent of Act 1979 when participants are
being delivered at the facility. Other options must be approved by the
Licensing Unit.
Options
1. Unload all of the participants, walk
through the vehicle to ensure that no participants remain on board and
deactivate the alarm. (This option will only work if you are able to unload all
participants in less than one minute.)
2. Upon arrival, have one staff member
immediately walk through the vehicle to deactivate the alarm system. That staff
member will remain near the alarm switch at the back of the vehicle until all
participants have been unloaded to ensure that no participant is left on board.
(This option will require at least two staff members, one to supervise the
participants and one to remain inside the vehicle.)
3. Upon arrival, deactivate the alarm and
unload the participants. Immediately after unloading, start the vehicle and
move it to a different location for final parking. (This will reactivate the
alarm and require a final walkthrough.)
1400
SPECIAL
NEEDS
1. Participants with
disabilities should be included, in the same general activities as their
same-age peers. Certain accommodations for their disability and some
modifications to activities may be necessary and these should be determined on
an individual basis and be related to the specific needs of the individual. Out
of School Time providers are encouraged to make available additional staff
training in the area of disability awareness. Such training would/might
encompass the use of people-first language, general communication strategies,
and disability etiquette. In general, it is desirable to treat an individual
with a disability in the same way one would treat an individual of the same age
but without a disability.
2.
Additional information from the parent/caregiver of a child with a disability
may be necessary. Questions that cover usual routines, special instructions for
care and interaction, the child's interests, and things or situations to avoid
are important; as is determining what kinds of things will motivate the child.
If there are individualized requirements for rest, nutrition, hydration, etc.
these should be noted. Emergency contact information-with back up contacts-may
be essential
3. Consideration
should be given to special needs related to medical as well as developmental,
social/emotional, and mental health/behavioral concerns.
4. While IDEA is specific to educational
needs, consideration should also include cooperation with 504 and Medical Plans
to best meet the needs of the individual child.
PROGRAM SPECIFIC VARIATIONS
PROGRAM-SPECIFIC VARIATIONS ARE NUMBERED ACCORDING TO THE
REGULATION WITH WHICH IT VARIES. UNLESS A VARIANCE IS LISTED BELOW, ALL BASIC
REQUIREMENTS APPLY.
1500
DAY CAMP
401
Program
Requirements1. If hazardous items (ex.
archery equipment) are used during activities offered, such equipment must be
used under close supervision and must be safely stored.
2. If specialized activities take place such
as, but not limited to horseback riding, water activities, rock climbing, and
other adventure based activities, supervision of such activities must be
provided by qualified staff that have received the proper training in the
activity's guidelines, safety regulations, and emergency procedures.
603
Participants'
Records
1. Permission for specialized
summer activities shall be maintained.
2. Emergency information and medical
permission sheet shall be maintained at day camp site.
701
Nutrition Requirements
1. Milk is not required to be served in day
camp settings.
901
Grounds1. Outdoor day camps need to
have a shelter or permanent building for protection from inclement
weather.
2. An outdoor day camp
shall perform daily visual inspections of the outdoor space and facilities
prior to the arrival of participants to ensure all buildings, structures, and
activity areas are in good repair and free of hazards.
1104
Drinking Facilities
1. Water that is transported to the camp
sites for drinking purposes shall be in enclosed containers. Fresh water shall
be provided each day.
1600
EVENING & NIGHT CARE
VARIATIONS
Night care is any care provided after midnight.
301
Staff/Participant Ratio
1. Staff members shall be awake at all times
and shall have participants in view at all times.
401
Program Requirements
1. Evening quiet time activity shall be
provided to each participant arriving before bedtime.
701
Nutrition Requirements
1. Participants who are in care overnight
shall be provided with a breakfast prior to leaving for school or other
activities.
2. Snacks meetings the
current U.S. Department of Agriculture guidelines shall be provided to
participants in attendance for more than 2 V2 hours prior to bedtime.
1002
Sleeping
Arrangements1. Bedtime schedules shall
be established for participants in consultation with the participant's
parent(s).
2. Storage space for
clothing and personal belongings shall be provided within easy reach of the
participant.
3. Individual beds or
cots equipped with comfortable mattresses, sheets, pillows, pillow cases and
blankets shall be provided for participants in all-night care. Bed linens shall
be changed at least once a week or daily when wet or soiled.
4. Mats may be used for participants in
evening care.
5. The upper level of
double deck beds shall be allowed for participants 10 years or older if a bed
rail and safety ladder are provided.
6. Participants shall have clean and
comfortable sleeping garments for their individual use.
1105
Toilet Facilities
1. There shall be age appropriate bathing
facilities available for all participants including a bathtub or shower
available. Bathtubs and showers shall be equipped to prevent
slipping.
2. Bathrooms shall be
located near the sleeping areas.
3.
No participant_under 6 years of age shall be left alone or with another
participant while in the bathtub or shower.
1700
PART-TIME PROGRAM
VARIATIONS
701
Nutrition
Requirements1. Facilities in operation
for more than 3 hours per day shall provide a snack that meets current U.S.
Department of Agriculture Guidelines.
1800
SICK CARE COMPONENT
301
Staff/Participant Ratio
1. The following ratios shall be maintained
at all times:
a. OST Participant 1:5, Maximum
group size 10
2. Staff
shall be separated in the same manner participants are separated to prevent
cross infection.
302
Director1. If the component is
part of an OST Facility, the program director shall be accountable to the
facility director. If the component is an entity unto itself the program
director may also be the facility director.
2. The program director shall have completed
the following training:
a. Communicable
disease control
b. Recognition and
care of usual childhood illness
c.
CPR certification
d. First Aid
certification
401
Program Requirements
1. Participants shall be provided with quiet
activities according to their age and abilities.
2. Caregivers shall:
a. Administer medicine according to
prescribed instructions
b. Take
temperature frequently or as needed
c. Monitor any changes in condition
d. Record necessary medical or physiological
data or changes
e. Notify parents
immediately if their child's condition changes significantly for the worse,
especially if the condition meets one of the excludable diseases or
symptoms
3. The
participant shall be removed immediately from sick care when his/her condition
meets one of the excludable diseases or symptoms.
4. Participants may be returned to the
regular OST Program when a doctor's statement has been obtained or when the
participant is free of symptoms for 24 hours.
603
Participants' Records
1. The record shall contain information on
the specific condition or illness placing the participant in sick
care.
2. The record shall contain
any recommendations for needed medical treatment and/or program or environment
modifications that the participant needs.
801
Building Requirements
1. If located in the same facility as OST
Program, sick care shall be separate with a separate entrance and separate
ventilation system.
2. Participants
with respiratory illnesses shall be cared for in separate space from
participants with gastrointestinal illness. Any participant with an undiagnosed
condition shall be separated from other participants to prevent cross
infection. A separate area can be defined by curtains; partitions etc. if
airborne transmission is not likely.
3. A hand-washing sink shall be available in
each room.
4. To prevent cross
contamination, a designated toilet shall be available to each sick care
room.
5. The facility shall be
self-contained, i.e. food, water, bedding, toileting (no potty chairs) etc.
1001
Furniture
& Equipment Requirements1. No
furniture, fixtures, equipment and supplies designated for use in the sick care
component shall be used or shared by well participants.
2. All laundry shall be washed each day. The
items shall be placed in a plastic bag and labeled "contaminated" so necessary
precautions can be taken.
3. All
toys and equipment shall be disinfected after every use.
1101
General Health Requirements
TABLES OF COMMUNICABLE DISEASES AND SYMPTOMS THAT EXCLUDE
CHILDREN FROM SICK CARE: (asterisk denotes reportable diseases)
1. Communicable Diseases:
|
a. RESPIRATORY ILLNESS |
b. GASTROINTESTINAL
ILLNESS |
c. CONTACT |
|
Chicken Pox German Measles Hemophilus influenza
Measles* Meningococcus* Mumps* Strep throat Tuberculosis* Whooping
Cough* |
Giardia Lamblia* Hepatitis A* Salmonella*
Shigella* |
Impetigo
Lice
Scabies |
2.
Symptoms that Exclude Participants from Sick Care:
A symptom is a condition that indicates an illness that may not
be identifiable by one of the above listed names but presents a situation where
the participant shall not be admitted to or remain in sick care and should be
seen by the family physician.
a.
Diarrhea
* Accompanied by evidence of dehydration for excessive fluid
loss
* Accompanied by history of poor fluid intake and/or marked
lethargy
* With blood or mucous in the stool unless at least one stool
culture shows the absence of Salmonella, Shigella, Campylobacter or
E-Coli
* That exceeds 5 bowel movements in an 8 hour period of is
continued over 3 or 4 days unless the participant is under the supervision of a
physician with written documentation
b. Vomiting for over a 6 hour
period
c. Difficult or rapid
breathing
d. Severe coughing:
episodes of coughing which may lead to gagging, vomiting, or difficulty
breathing
e. Mucous (phlegm) that is
foul smelling, yellow or green and the participant has a fever over
102
f. Asthmatics with severe upper
respiratory infections who have not been seen by a physician or whose distress
is not controlled by medication
g.
Sore throat and fever greater than 103 or confirmed Strep throat until treated
with antibiotics for over 24 "hours
h.
Skin conditions that have not been diagnosed as noncontiguous by
a physician; including but not limited to:
* Yellow (jaundiced) eyes or skin
* Child in contagious stages of chicken pox, measles, mumps or
rubella
* Untreated impetigo
* Untreated scabies or head lice
* Blood-red rashes and skin conditions with spontaneous
bruising
i. Participants who
are in the contagious states of Pertussis, diphtheria, or
tuberculosis
j. Pink or red eye(s)
which may be swollen with white or yellow discharge until on antibiotics for
over 24 hours
k. Abdominal pain
that is intermittent or persistent
I. Fever over 102 for greater than 24 hours,
or any fever over 103 unless the participant has been evaluated and treated by
a physician and does not have other exclusion
criteria.
APPENDIX A: DEFINITIONS
1.
"Act" means the Child Care
Facility Licensing Act as amended.
2.
"Assistive electronic device"
means any electronic device that is used/needed by a child or youth with
a disability. Such a device might be used for communication, for environmental
manipulation, to keep a schedule or checklist of activities, or for other
specific and generalized therapeutic activities that promote independence. The
device may be used at all times or at the discretion of the user, but has a
functional application for the user.
3.
"Child Care Center" means any
Child Care Facility conducted under public or private auspices on a profit or
nonprofit basis providing direct care and protection for children. Any facility
that is open more than five (5) hours during any 24 hour period or more than a
total often (10) hours during a seven (7) day period is considered a Child Care
Center and shall be subject to the provisions of the Child Care Facility
Licensing Act. Those facilities meeting the above definitions but operating no
more than three (3) weeks per calendar year are not required to comply with the
licensing requirements, i.e.: Summer Bible Schools and Camps.
For purposes of determining the need for a license, all care
provided at the site of a licensed program is considered a part of the licensed
program and therefore subject to licensing requirements. This includes separate
buildings located on the same property or any other property under the same
ownership. However, Mother's Day Out and other part time programs serving
children not participating in the licensed program are exempt as long as they
operate no more than 5 hours per day or 10 hours per week.
A public or private school which operates a Kindergarten (K5)
in conjunction with grades one and above, or for grades one and above only and
provides short-term custodial care (not to exceed 20 hours weekly) prior to
and/or following classes for those students, is not required to comply with
licensing requirements for the short-term custodial care provided.
4.
"Child Care Licensing
Unit" means the unit within the Department of Human Services, Division
of Child Care and Early Childhood Education, that inspects and investigates any
proposed or operating Child Care Center and any personnel connected with the
center to determine if the facility will be or is being operated in accordance
with the Child Care Facility Licensing Act and the Licensing Requirements for
the Child Care Centers.
5.
"Child Maltreatment Central Registry Check" means a check of the
Arkansas Child Maltreatment Central Registry for any record of founded child
abuse and neglect or maltreatment.
6.
"Criminal Record Check" means
a statewide criminal record check conducted by the Identification Bureau of the
Arkansas State Police.
7.
"Criminal FBI Check" means a nationwide criminal record check
conducted by the Federal Bureau of Investigation that conforms to the
applicable federal standards and includes the taking of fingerprints.
Application for a nationwide criminal check shall be made to the Identification
Bureau of the Department of the Arkansas State Police.
8.
"Department" means the
Arkansas Department of Human Services.
9.
"Division" means the Division
of Child Care and Early Childhood Education.
10.
"Employee" or "Staff
means all full or part-time employees or any person(s) who perform
services under the direction and control of the OST Facility, regardless if
they are paid or not. This includes any person(s) that has supervisory or
disciplinary control over participants, is at any point left alone with
participants, or is counted in staff/=participant
ratios.
11.
"Evening and
Night Care" means participant-care provided between 7:00 p.m. and 6:00
a.m.
12.
"Kindergarten"
means a school based program offered for children five (5) years of age
(K5) during the school year prior to their entry into the
first grade.
13.
"Medical
Home" is the Doctor that you and your child see for routine medical
care. This is your "Primary Care Physician" (PCP).
14.
"Operator" means any person
or entity exercising any measure of supervision or control over an OST
Facility.
15.
"Out-of-School
Time Program" means a child care/school-age or youth development program
caring for children who are in kindergarten (K-5 years of age) and above. OST
care includes before and after school care, extended care during the school
holiday, summer day camps, and youth development programs. OST Programs which
operate with children arriving and leaving voluntarily for scheduled classes,
activities, practice, games, and meetings are defined as recreational programs,
and do not fall under the definition of requiring licensure as an OST
Program.
16. For purposes of
determining the need for a license, all care provided at the site of a licensed
OST program is considered a part of the licensed program and therefore subject
to licensing requirements. This includes separate buildings located on the same
property or any other property under the same ownership. Part time programs
serving participants not participating in the licensed OST program are exempt
as long as they operate no more than 5 hours per day or 10 hours per
week.
17. A public or private
school which operates a Kindergarten (K5) in conjunction with grades one and
above, or for grades one and above only and provides short-term custodial care
(not to exceed 20 hours weekly) prior to and/or following classes for those
students, is not required to comply with licensing requirements for the
short-term custodial care provided.
18.
"Owner" means any person who
assumes the legal responsibility for operation of an OST facility.
19.
"Participant" refers to a
child who is enrolled in kindergarten or a higher grade. If the OST Program
provides care to children over 13 years of age, the program must meet all
regulatory standards in regard to such children just as if the children were
under 13 years of age. Children may receive care through the conclusion of high
school.
20.
"Part-time Care"
means care provided no longer than four (4) hours per day or not to
exceed a maximum of 20 hours per week.
21.
"Personnel" is defined as
the facility owner or operator, staff or volunteer.
22.
"Program" is defined as all
activities that comprise the participant's day at the center.
23.
"Screen time" refers to the
amount of time that a participant uses or is engaged with electronic media.
Electronic media includes but it not limited to television, videos, DVDs,
computers, portable electronic devices, etc.
24.
"Sick Care" is defined as a
separate service providing care for participants who are too sick to attend the
OST Program as stated in Section 1000 but who do not exhibit any of the
excludable diseases as defined in Section 1500. The primary objective of this
service is to insure that participants in care receive the required attention
necessary for moderately ill participants.
25.
"Staff or "Employee"
means all full or part-time employees/staff or any person(s) who perform
services under the direction and control of the OST Facility, regardless if
they are paid or not. This includes any person(s) that has supervisory or
disciplinary control over participants, is at any point left alone with
participant, or is counted in staff/participant ratios.
26.
"Substantial Compliance"
means compliance with all essential standards necessary to
protect the health, safety and welfare of the participants-attending the OST
Program. Essential standards include but are not limited to those
relating to issues involving fire, health, safety, nutrition, discipline,
staff/participant ratio and space.
27.
"Swimming Pool" means any
pool of water in excess of 12 inches deep. This does not include natural pools
of water such as lakes, ponds and rivers.
28.
"Volunteer" means a person
who provides services to an OST Program, but has no supervisory or disciplinary
control over participants, is not left alone with participants, and is not
counted in staff/participant ratios.
APPENDIX B: LIST OF REPORTABLE DISEASES
The following are the more common reportable diseases which
occur with moderate frequency in Arkansas:
Gonorrhea
Hepatitis (A, B, Non-A, Non-B
Unspecified and results of serologies)
Rash illnesses (including
*MEASLES & RUBELLA)
*WHOOPING COUGH (pertussis)
MENINGITIS
Salmonellosis (including typhoid)
Shigellosis
Syphilis
Tuberculosis
MUMPS
The following are less common
reportable diseases that occur with low frequency in
Arkansas
*AIDS (Acquired Immune Deficiency
Syndrome)
Amebiasis
ANTHRAX
*Aseptic Meningitis
Blastomycosis
BOTULISM
*Brucellosis
Campylobacter Interitis
Chancroid
CHOLERA
Coccidioidomycosis
*Congenital Rubella Syndrome
DIPHTHERIA
Encephalitis (all types)
FOOD POISONINGS (all types)
Giardiasis
Gonococcal Ophthalmia
Granuloma Inguinale
*Guillain - Barre Syndrome
Histoplasmosis
HIV [Human Immuno Deficiency
Virus by (name & address)]
**Influenza
*Kawasaki Disease
*Legionellosis
* Leprosy
* Leptospirosis
* Lyme Disease Lymphogranuloma Venereum
* Malaria
* Meningitis, Hemophilus
Influenza Type B
* Meningococcal infection Mumps
Pesticide Poisoning PLAGUE
* POLIOMYELITIS
* Psittacosia (Ornithosis) Q Fever
RABIES
* Relapsing Fever
* Reyes Syndrome Rheumatic Fever
* Rocky Mountain Spotted Fever SMALL POX
* Tetanus
* Toxic Shock Syndrome Toxoplasmosis
* Trichinosis
* Tularemia TYPHUS FEVER YELLOW FEVER
*The reporting physician will be contacted for additional
information. **Individual cases to be reported only
when laboratory testing has determined the viral type.
The diseases in capital letters are to be brought to the
immediate attention of the State Epidemiologist when suspected.
Reporting data shall include:
a) Name and location of reporting person
b) Disease or suspected disease
and date of onset
c) Name, age, sex,
address and phone number of patient (please spell patient's name)
d) Name of patient's physician
The following diseases are also of public health importance and
should be reported whenever there is an unusual incidence or outbreak
(including seasonal). It is necessary to report 1) the physician's name and
location, 2) the suspected disease and 3) the number of cases and interval
during which the cases were seen:
Acute respiratory disease
Chicken pox
Conjunctivitis
Dermatophytosis (ringworm)
Enteropathogenic E. Coli Diarrhea
Epidemic Diarrhea of unknown cause
Gastroenteritis
Herpangina
Hospital acquired infections
Infectious Mononucleosis
Influenza (estimate number)
Pediculosis
Pleurodynia
Pneumonia (bacterial. Mycoplasma, viral)
Staphylococcal-Infections
Streptococcal-Infections
The following occupational diseases also shall be
reported:
Asbestosis
Silicosis
Byssinosis
Mesothelioma
Coal Workers Pneumoconiosis
FOR FURTHER ASSISTANCE CONTACT THE LOCAL COUNTY HEALTH
UNIT.
APPENDIX C: CHILD CARE MEAL PATTERN
When children over age one participate in the Program, the
total amount of food authorized in the meal pattern set forth below shall be
provided in order to qualify for reimbursement. Children age 12 and up may be
served adult-size portions based on the greater food needs of older children,
but shall be served not less than the minimum quantities specified in this
section for children age 6 through 12 years. For purposes of the requirements
outlined in this paragraph, a cup means a standard measuring cup.
Bread, pasta or noodle products, and cereal grains shall be
whole grain or enriched; cornbread, biscuits, rolls, muffins, etc. shall be
made with whole grain or enriched meal or flour; cereal shall be whole grain or
enriched or fortified.
|
Breakfast |
Children 1 and 2 years |
Children 3 through 5 years |
Children 6 through 12 years |
|
Milk, fluid
Juice or fruit or
vegetable Bread, bread alternate**** and/or
cereal
enriched or whole grain
Bread or
Cereal: Cold dry or Hot cooked |
lA cup (4
oz) % cup
lA slice
(lA oz.)
% cup* % cup |
% cup (6 oz.) lA
cup
lA slice
(lA oz.)
1/3 cup** % cup |
1 cup (8 oz.)
lA
cup
1 slice (1 oz.)
% cup*** lA
cup |
|
AM or PM snack (supplement) |
|
|
|
|
(select 2 of these 4 components) Milk,
fluid
Meat or meat alternate Juice
or fruit or vegetable Bread, bread alternate****
and/or cereal
enriched or whole grain
Bread or
Cereal: Cold dry or Hot cooked |
Vi cup (4 ounces)
lA ounce
lA cup
lA slice
(lA oz.) % cup* % cup |
lA cup (4
ounces) lA ounce
lA cup
lA slice
(lA oz.)
1/3 cup** % cup |
1 cup (8 ounces) 1 ounce % cup
1 slice (1 oz.)
% cup* * * lA
cup |
|
Lunch or Supper |
|
|
|
|
Milk, fluid
Meat or meat alternate
(lean meat or poultry or fish) Cheese
Egg
Cooked dry beans or peas
Peanut butter
Yogurt (plain or flavored)
(Or an equivalent quantity of any combination of the
above meat/meat alternates) Vegetable and/or
fruit
(total of two or more) Bread or
bread alternate****
enriched or whole grain |
lA cup (4
oz.)
1 ounce
1 ounce
lA large
egg % cup
2 tbsps. lA
cup
% cup
lA slice
(lA oz.) |
% cup (6 oz.)
1 lA ounces
1 lA ounces Ya
large egg 3/8 cup 3 tbsps. % cup
lA
cup
lA slice
(lA oz.) |
1 cup (8 oz.)
2 ounces 2 ounces
1 large egg lA
cup 4 tbsps. 1 cup
% cup
1 slice (1 oz.) |
* Vi cup (volume) or 1/3 ounce (weight)
* *1/3 cup (volume) or Vi
ounce (weight)
* * *% cup (volume) or 1 ounce
(weight)
* * * *Refer to Food Buying Guide "Grains
and Breads" for equivalent quantities
APPENDIX D: ADULT CARE MEAL PATTERN
The meals served to adult participants in the Child and Adult
Care Food Program shall contain the indicated meal pattern quantities and food
components in order to qualify for reimbursement. Adult centers may choose to
implement the "offer vs. serve" option (as described on following page).
|
Breakfast |
|
|
Adult Participants |
|
Milk, fluid
Juice or fruit or vegetable
Bread and/or cereal*
enriched or whole grain
Bread or
Cereal: Cold dry or Hot cooked |
|
|
1 cup (8 ounces)
lA
cup
2 slices (or 2 servings the equivalent quantity of 2
ounces)
1 lA cups
(or 2 ounces) 1 cup |
|
AM or PM snack (supplement) |
|
|
|
|
(select 2 of these 4 components) Milk,
fluid
Meat or meat alternate Juice or fruit or
vegetable Bread and/or cereal*
enriched or whole grain
Bread or
Cereal: Cold dry or Hot cooked |
|
|
1 cup (8 ounces) 1 ounce
lA
cup
1 slice (1 ounce) % cup (or 1 ounce)
lA
cup |
|
Lunch or Supper |
|
|
|
|
Milk, fluid
Meat or meat alternate
(lean meat or poultry or fish) Cheese
Egg
Cooked dry beans or peas
Peanut butter
Yogurt (plain or flavored)
(Or an equivalent quantity of any combination of the
above meat/meat alternates)
Vegetable and/or fruit (total
of two or more)
Bread or bread alternate* enriched or
whole grain |
|
|
1 cup (8 ounces) - (none required at supper
meal)
2 ounces 2 ounces
1 large egg lA
cup
4 tablespoons 1 cup
1 cup
2 slices (or 2 servings the equivalent quantity of 2
ounces) |
* Refer to Food Buying Guide "Grains and Breads" for equivalent
quantities
APPENDIX E: DISASTER/EMERGENCY PREPAREDNESS
|
DISASTER/EMERGENCY NUMBERS |
CONTACT/TOWN |
TELEPHONE NUMBER |
|
AMBULANCE |
|
|
|
APPLIANCE REPAIR |
|
|
|
BUILDING INSPECTOR |
|
|
|
CHILD ABUSE HOT LINE |
|
1-800-482-5964 |
|
CHILD CARE LICENSING UNIT |
Little Rock |
1-800-445-3316 or 501-682-8590 |
|
CLEANING/MAINTENANCE |
|
|
|
ELECTRIC COMPANY |
|
|
|
ELECTRICIAN |
|
|
|
EMERGENCY CHILD LOCATOR |
|
1-866-908-9572 |
|
FACILITY DIRECTOR |
|
|
|
FIRE DEPARTMENT |
|
|
|
FIRE DEPARTMENT
(Non-Emergency) |
|
|
|
GAS COMPANY |
|
|
|
GLASS COMPANY |
|
|
|
HEALTH DEPARTMENT (Local) |
|
|
|
HEATING/AIR CONDITIONING |
|
|
|
INSURANCE AGENT AND POLICY
NUMBER |
|
|
|
LICENSING SPECIALIST |
|
|
|
LOCKS |
|
|
|
NATIONAL EMERGENCY FAMILY REGISTRY AND
LOCATOR |
|
1-800-588-9822 |
|
PLUMBER |
|
|
|
POISON CONTROL |
|
1-800-376-4766 |
|
POLICE |
|
|
|
POLICE (Local Non-Emergency) |
|
|
|
RED CROSS (Local) |
|
|
|
SHERIFF |
|
|
|
TRASH REMOVAL |
|
|
|
WATER DEPARTMENT |
|
|
Table I:
Immunization Requirements for Child Care and Early
Childhood Education Facilities
Instructions for utilizing Table I: Table I is not
a recommendation of vaccines to get, but of doses required to already have at
that age. To determine what vaccines are required for a child to attend a
licensed child care facility, refer to Column 1 on the left to see what age
range is correct for the child. Then all the vaccines on the same row as the
child's age are required for attendance in a licensed child care facility.
Vaccines are required based on the current age of the child. Column 1 is not an
age range for when a child can be vaccinated.
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Column 5 |
Column 6 |
Column 7 |
Column 8 |
Column 9 |
|
Current
AGE of child |
DTaP DTP/DT |
POLIO |
Hib ftft |
HEPATITIS B |
MMR
ft ft ft ft |
VARICELLA
ft ft ft ft |
PNEUMOCOCCAL
ftft |
HEPATITIS A |
|
1-2 Months |
None |
None |
None |
None (1-2 doses possible) |
None |
None |
None |
|
|
3-4 Months |
1 dose |
1 dose |
1 dose |
1 dose (1-2 doses possible) |
None |
None |
1 dose |
|
|
5-6 Months |
2 doses OR
1 dose within last 8 weeks |
2 doses OR
1 dose within last
8 weeks |
2 doses OR
1 dose within last 8 weeks |
2 doses OR
1 dose within last
8 weeks |
None |
None |
2 doses OR
1 dose within last 8 weeks |
|
|
7-12 Months |
3 doses OR
1 dose within last 8 weeks |
2 doses OR
1 dose within last
8 weeks
(3 doses possible) |
2-3 doses OR 1 dose within last 8 weeks |
2 doses OR
1 dose within last 8 weeks
(3 doses possible) |
None |
None |
2-3 doses
OR
1 dose within last 8
weeks |
|
|
13-15 Months |
3 doses OR
1 dose within last 8 weeks |
2 doses OR
1 dose within last
8 weeks
(3 doses possible) |
2-3 doses OR 1 dose within last 8 weeks
(4 doses possible) |
2 doses OR
1 dose within last 8 weeks
(3 doses possible) |
None
(1 dose possible) |
None
(1 dose possible. A
medical professional history of disease may be accepted
in lieu of receiving
vaccine.) |
2-3 doses
OR
1 dose within last 8
weeks
(4 doses possible) |
|
|
16-18 Months |
3 doses or 1 dose within last 8 weeks |
2 doses or
1 dose within last
8 weeks
(3 doses possible) |
3-4 doses with last dose on/after
1st birthday
OR
2 doses if first dose is administe
red at age
12-14 |
2 doses OR
1 dose within the last 8
weeks
(3 doses possible) |
1 dose |
1 dose
A medical professional history of disease may be
accepted in lieu of receiving vaccine. |
3-4 doses with last dose must be on/afterlst
birthday
OR
2 doses on/after 1st
birthday |
|
|
|
|
|
months and doses are at least 8
weeks apart
OR
1 dose on/after
15
months of age if no prior doses |
|
|
|
|
|
|
19-48 months |
4 doses
OR
3rd dose within last 6
months
OR
1 dose within last 8
weeks |
3 doses OR
1 dose within last
8 weeks |
3-4 doses with last dose on/after
1st birthday
OR
2 doses if first dose is administe
red at age
12-14
months and doses are at least 8
weeks apart
OR
1 dose on/after
15
months of age if no prior doses |
3 doses ***
OR 1 dose within last 8 weeks |
1 dose |
1 dose
A medical professional history of disease may be
accepted in lieu of receiving
vaccine. |
3-4 doses with last dose must be on/afterlst
birthday
OR
1 dose on/after 24 months of age if no prior doses
OR
2 doses on/after 1st
birthday |
For 19-24 months:
1 dose on or after first birthday (2 doses
possible)
For 25-48 months:
2 doses with one dose on or after
1st birthday and at least 6 months from first
dose |
|
[GREATER THAN]49 months |
5 doses *
OR
4th dose within last
6
months
OR 1 dose within last 8 weeks
OR
4 doses with last dose on/after
4th |
4 doses with a minimum interval of 6 months between the
3rd and
4th dose
OR
1 dose within last
8 weeks |
3-4 doses with last dose on/after
1st birthday
OR
2 doses if first dose is administe
red at age
12-14
months and doses are at least 8 |
3 doses ***
OR
1 dose within the last 8
weeks |
1 dose |
1 dose
A medical professional history of disease may be
accepted in lieu of receiving
vaccine. |
3-4 doses with last dose on/after
1st birthday
OR
1 dose on/after 24 months of age if no prior doses
OR
2 doses on/after 1st
birthday
Not required on/after 5th
birthday |
2 doses with one dose on or after 1st birthday and at
least 6 months from first dose |
|
|
birthday |
|
weeks apart OR
1 dose on/after
15 months of age if no prior doses
Not required on/after
5th
birthday |
|
|
|
|
|
*5th DTaP/DTP/DT (Pre-school dose) must be given on/after the
child's 4th birthday. Interval between 4th DTaP/DTP/DT and 5th DTaP/DTP/DT
should be at least 6 months. If a child is currently [GREATER THAN]49 months of
age and does not meet the above criteria or is in process within 15 days, they
are not up-to-date and should be scheduled for immunization.
** For Hib and Pneumococcal, children receiving the first dose
of vaccine at age 7 months or older require fewer doses to complete the
series.
*** 3rd dose of hepatitis B should
be given at least 8 weeks after the 2nd dose, at
least 16 weeks after the 1st dose, and it should not
be administered before the child is 24 weeks of age.
**** Vaccine doses administered up to 4 days before the minimum
interval or minimum age can be counted as valid for doses already administered.
Exception: The minimum interval between doses of live vaccines (such as MMR and
Varicella) must be 28 days.
*****A medical professional is a medical doctor (MD), advanced
practice nurse (APN), doctor of osteopathy (DO), or physician assistant (PA).
No self or parental history of disease will be accepted.
TABLE II: KINDERGARTEN THROUGH GRADE TWELVE IMMUNIZATION
REQUIREMENTS*
|
Vaccine * Grade T |
Diphtheria,
Tetanus,
Pertussis
(DTP/DT/Td/DT
aP/Tdap) |
Polio
(OPV-Oralor
IPV-
Inactivated) |
MMR*** **
(Measles, Mumps,
and Rubella) |
HepB |
Meningococc
al
(MCV4) |
Varicella |
Hepatitis A |
|
Kindergarten |
4 doses
(with 1 dose on or after
4th
birthday) |
3 doses (with 1 dose on or after 4th
birthday and a minimum interval of 6
months between the 2nd and
3rd
dose)
OR
4 doses with 1
dose on or after
4th birthday and a minimum
interval of 6
months between the 3rd and
4th
dose |
2 doses (with dose 1 on or after
1st birthday and dose 2 at least 28 days after dose
1) |
3 doses |
None |
2 doses (with dose 1 on or after
1st birthday and dose 2 at least 28 days after dose
1)
****** A medical professional history of disease may be
accepted in lieu of receiving vaccine. |
1 dose on or after 1st
birthday |
|
Grades 1 -12 |
4 doses
(with 1 dose on or after
4th
birthday)
AND
1 dose of Tdap forages ll_years
(as of September
1st each year) and
older
OR
T j-l j"\Qfi Q*r*r*r*r*r*r*r for persons 7
years of age or older who are not fully
vaccinated
(including persons who cannot document prior
vaccination) |
3 doses doses
(with 1 dose on or after
4th
birthday with a minimum interval of 6
months between the 2nd and
3rd
dose)
OR
4 doses with 1
dose on or after
4th birthday and a minimum
interval of 6
months between the 3rd and
4th
dose |
2 doses
(with dose
1 on or after 1st
birthday and dose 2
at least 28
days after dose 1) |
2** or doses
(11-15
year olds could be on a 2-
dose schedule) |
Second dose at age 16 years
(as of
September 1st
each year)
with a minimum interval of 8
weeks since
1st dose
OR
1 dose if not vaccinated
prior to age 16
years
(If first dose is administered at age 16 years or
older, no second dose required.) |
2 doses (with dose 1 on or after 1st
birthday and dose 2 at least 28 days after dose 1)
OR
****** A
medical professional history of disease may be accepted
in lieu of receiving
vaccine. |
Grade 1 only:
1 dose on or after 1st
birthday |
|
Grade 7 |
4 doses
(with 1 dose on or after
4th
birthday)
AND
1 dose of Tdap
****
OR
T j-l j"\Qfi Q*r*r*r*r*r*r*r for persons 7
years of age or older who are not fully
immunized
(including persons who cannot document prior
vaccination) |
3 doses (with 1 dose on or after
4th
birthday with a minimum interval of 6
months between the 2nd and
3rd
dose)
OR
4 doses with 1
dose on or after
4th birthday and a minimum
interval of 6
months between the 3rd and
4th
dose |
2 doses
(with dose
1 on or after 1st
birthday and dose 2
at least 28
days after dose 1) |
2** or doses
(11-15
year olds could be on a 2-
dose schedule) |
1 dose |
2 doses None (with dose 1 on or after 1st
birthday and dose 2 at least 28 days after dose 1)
OR
*l» *r *r *r *r *r A
medical professional history of disease may be accepted
in lieu of receiving
vaccine. |
*Doses of vaccine required for school entry may be less than
the number of doses required for age-appropriate immunization.
**An alternative two-dose hepatitis B schedule for 11-15
year-old children may be substituted for the three-dose schedule. Only a
FDA-approved alternative regimen vaccine for the two-dose series may be used to
meet this requirement. If you are unsure if a particular child's two-dose
schedule is acceptable, please contact the Immunization Section for assistance
at 501-661-2169.
*** 3rd dose of hepatitis B should
be given at least 8 weeks after the 2nd dose, at
least 16 weeks after the 1st dose, and it should not
be administered before the child is 24 weeks (168 days) of age. (All
3rd doses of hepatitis B vaccine given earlier than
6 months of age before 6/21/96 are valid doses and should be counted as valid
until 6/21/2014.)
**** Tdap vaccine can be administered regardless of the
interval since the last tetanus and diphtheria toxoid-containing
vaccine.
***** Exception: If a student has previously received two doses
of measles, one dose of mumps and one dose of rubella before January 1, 2010,
the doses will be accepted as compliant to immunization requirements and 2 MMRs
are not required.
******A medical professional is a medical doctor (MD), advanced
practice nurse (APN), doctor of osteopathy (DO), or physician assistant (PA).
No self or parental history of disease will be accepted.
******* For unvaccinated persons 7 years of age and older
(including persons who cannot document prior vaccination), the primary series
is 3 doses. The first two doses should be separated by at least 4 weeks, and
the third dose at least 6 months after the second. One of these doses
(preferably the first) should be administered as Tdap and the remaining two
doses administered as Td.
