South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 5 - LICENSING
Subarticle 1 - DAY CARE FACILITIES
REGULATIONS FOR THE LICENSING OF GROUP CHILD CARE HOMES
Section 114-513 - Management, Administration, and Staffing
Universal Citation: SC Code Regs 114-513
Current through Register Vol. 48, No. 3, March 22, 2024
A. Display of license
(1) The group child care
home shall display the current license, as well as any violations in a
prominent public place in the group child care home. The back of the license
shall be displayed if deficiencies are listed.
(2) When advertising or issuing other public
notifications of the service provided, the official license number issued by
the Department shall be included.
B. Capacity
(1) No group child care home shall have
present at any one time children in excess of the number for which it is
licensed.
C. Child abuse
(1) The group child care home shall
immediately report suspected child abuse or child neglect to the Department's
Office of Child Protective and Preventive Services (CPS) or to local law
enforcement in accordance with South Carolina Code Annotated Section
20-7-510.
(2) The operator and
staff shall cooperate with Department staff during an investigation of child
abuse or neglect. Cooperation shall include the following:
(a) Participate in informational conferences
with CPS staff;
(b) Release records
as appropriate, of children and staff upon request; and
(c) Allow access to the group child care home
for inspection and investigation of the child abuse allegation by the
Department and other officials as permitted by statute.
D. Reporting of incidents
(1) The operator shall report the following
incidents to the parents/guardians immediately and provide written notification
to the Department within 48 hours after the occurrence:
(a) Accidents or injuries involving any child
occurring at the group child care home requiring professional medical
treatment; and
(b) Child or staff
occurrences of communicable diseases that the Department of Health and
Environmental Control (DHEC) requires to be reported in its Exclusion
List.
(2) The following
incidents shall be reported to the Department immediately:
(a) A death of a child that occurs at the
group child care home;
(b) A child
who is missing from the premises or who is left unattended in a vehicle
operated by the group child care home;
(c) Major structural damage to the group
child care home;
(d) Natural or
man-made disasters, including fire or extreme weather conditions, which cause
the group child care home to be closed for more than one day of scheduled
operation;
(e) An occurrence that
requires the services of a fire or police department, which affects the health
and safety of children;
(f) Charges
or convictions of crimes against the operator or any staff person; or
(g) Reports of alleged child abuse involving
the operator or any staff person.
(3) A follow-up report shall be submitted to
the Department as soon as an investigation of the group child care home is
completed and corrective action is taken.
(4) Parents should be notified if a legal or
health issue occurs which impacts the health and safety of his/her child. This
notification should occur at the time of pick-up or on the next day the child
is in care.
E. Death of a child
(1) If the child dies while at the
group child care home, the following shall be done:
(a) Immediately notify emergency medical
personnel, the child's parents, and law enforcement;
(b) Immediately notify the licensing agency;
and
(c) Provide information for
children and parents as appropriate.
F. Parent access and communication
(1) The operator shall permit the parent of a
child in care free and full access to his or her child without prior notice,
while their child is receiving care, unless there is a court order limiting
parental access. This free access must not disrupt instructional activities and
classroom routines.
(2) The
operator shall develop a policy for the release of children, which includes a
security system to prevent the inappropriate release of a child to an
unauthorized person. This policy shall be communicated with the parent upon
admission.
(3) Parents shall be
provided with the following information upon admission:
(a) The right of parents to free and full
access to their child in accordance with 114-513F(1);
(b) The policy and procedures on release of
children specified in 114-513F(2);
(c) The program activity schedule for their
child's age group and child care area;
(d) The parent's responsibility to obtain
necessary immunizations and physical examinations for their child;
(e) The policy and procedures for the
administration of medications; and
(f) The policy and practices regarding the
discipline and behavior management of children. This statement shall be
re-signed if any discipline policy changes are made.
(4) Parents and staff shall sign and date an
agreement, maintained on file and updated annually, that both parties have read
and understand all policies relating to the operation of the group child care
home.
G. Child records
(1) The operator shall keep a separate record
for each child.
(2) The file shall
be kept in a confidential manner, but shall be immediately available to the
Department, the child's teacher/caregiver, parent, or guardian upon
request.
(3) Access to records is
limited to the above unless requested by court order.
(4) Entries in a child's record shall be
legible, dated and signed by the individual making the entry.
(5) A child's record shall be maintained on
file at the group child care home and made available to the Department upon
request, and it shall contain the following:
(a) Child's full legal name, nickname, birth
date, date of enrollment, current home address and home telephone
number;
(b) Full name of both
parent(s)/guardian(s), work and home telephone numbers, or telephone number(s)
where they can be reached during the time the child is in the group child care
home;
(c) Name(s), address(es) and
telephone number(s) of person(s) who can assume responsibility for the child in
an emergency if the parent(s)/guardian(s) cannot be reached;
(d) Name, address and telephone number of
family physician or health resource;
(e) Name(s), address(es) and verification of
identification, such as valid driver's license, other picture identification or
personal family code word of person(s) authorized to take the child from the
group child care home;
(f) Accurate
records of daily attendance for each child;
(g) Authorization from parent(s)/guardian(s)
for child to obtain emergency medical treatment;
(h) Authorization from parent(s)/guardian(s)
for child to be transported to and from the group child care home during field
trips and other activities away from the group child care home;
(i) Authorization from parent(s)/guardian(s)
for child to participate in swimming activities; and
(j) A written statement, signed by the
parents, acknowledging their understanding and acceptance of the disciplinary
policies of the group child care home.
(6) A health record shall be maintained in
the group child care home for each child enrolled, and it shall include all of
the following information:
(a) A signed
statement of the child's health prior to admission to the group child care home
on the appropriate Department of Social Services (DSS) Form;
(b) A current South Carolina Certificate of
Immunization; and
(c) Other health
information if deemed necessary by the operator of the group child care home
and/or by parent(s)/guardian(s).
(7) Emergency information for each child
shall be easily and immediately accessible while at the group child care home,
during transportation, and during any trips away from the premises, and it
shall include the following:
(a) The full name
of both parents/guardian, and updated address, work, home and mobile numbers
where they can be reached during the time the child is in the group child care
home;
(b) The name, address,
telephone number and relationship of at least two individuals designated by the
parents/guardian to be contacted in an emergency and who have the authority to
obtain emergency medical treatment for the child;
(c) The name, address and telephone number of
the child's physician, and the emergency care medical and dental care provider;
and
(d) Health insurance
information.
(8)
Emergency information shall be updated by the parent as changes
occur.
H. Staff records shall include the following:
(1) Names,
positions and hours of duty of staff members;
(2) Written policies that refer to or apply
to DSS licensing regulations;
(3)
Three letters of reference for the group child care home operator;
(4) Criminal history background records check
forms for the operator, staff, emergency person(s) and volunteer(s) not meeting
the definition at 114-511A(28);
(5)
Record of training for operator and staff; and
(6) Written statements signed by all staff
members regarding disciplinary policies of the group child care home.
(7) The operator shall maintain health
records in the group child care home for himself/herself, staff, emergency
person(s) and volunteer(s) in accordance with 114-515G(1)(a) and (b).
I. Confidentiality and applicable laws and regulations
(1) The group child care
home shall have written policy to safeguard the confidentiality of all
records.
(2) A child's record,
emergency information, photograph and other information about the child or
family and information that may identify a child by name or address is
confidential and may not be copied, posted on a web site or disclosed to
unauthorized persons, without written consent from the child's
parent.
(3) The group child care
home shall comply with all applicable federal, state and local laws,
regulations and ordinances.
(4) The
operator shall make available at least one copy of Section 20-7-2700 et seq.,
Code of Laws of South Carolina, a copy of sections of the Children's Code
related to child abuse and neglect and a copy of the current regulations for
group child care homes that will be provided by the Department.
J. Communication
(1) The group child care home shall have an
operable telephone with an outside line that is accessible to staff persons in
emergencies.
(2) Emergency
telephone numbers for the police, fire department, ambulance service and poison
control center shall be posted by each telephone.
K. Staffing
(1) Child abuse checks.
(a) The operator and staff members shall not
have been determined to have committed an act of child abuse or neglect or have
been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against
the Person, any crime listed in Chapter 15 of Title 16, Offenses Against
Morality and Decency or for the Crime of Contributing to the Delinquency of a
Minor in Section
16-17-490.
(b) A check of the South Carolina Central
Registry of Child Abuse and Neglect shall be requested by the operator(s) on
each staff person, except for volunteers in accordance with the following time
lines:
(i) For the operator prior to the
initial issuance of a regular or provisional license.
(ii) For teacher/caregivers, prior to working
alone with children.
(iii) For all
other staff persons (including the emergency person) prior to
employment.
(iv) For all persons
hired by the group child care home at each license renewal.
(c) No group child care home shall
employ or retain an individual who has been determined to have committed an act
of child abuse or neglect.
(2) Background criminal history checks.
(a) To be employed by or to provide
teacher/caregiver services at a group child care home, a person shall first
undergo a State fingerprint review from the State Law Enforcement Division
(SLED).
(b) A person may be
provisionally employed or may provisionally provide teacher/caregiver services
after the favorable completion of the state fingerprint review. The Federal
Bureau of Investigation (FBI) fingerprints shall be submitted for review within
14 business days upon receiving the SLED results. Upon the completed FBI
review, the results will be forwarded to the appropriate Department for
distribution.
(c) No group child
care home may employ a person, engage the services of, or knowingly allow a
person in the child care facility during normal hours of operation who is
required to register under the sex offender registry act pursuant to Section
23-3-430
or who has been convicted of:
(i) A crime
listed in Chapter 3 of Title 16, Offenses Against the Person;
(ii) A crime listed in Chapter 15 of Title
16, Offenses Against Morality and Decency;
(iii) The crime of contributing to the
delinquency of a minor, contained in Section
16-17-490;
(iv) The felonies classified A through F in
SC Code of Laws Chapter 1 of Title 16 at Section
16-1-10A;
(v) The offenses enumerated in Chapter 1 of
Title 16 at Section
16-1-10D;
or
(vi) A criminal offense similar
in nature to the crimes listed in this subsection committed in other
jurisdictions or under federal law.
(d) The results of the fingerprint reviews
are valid and reviews are not required to be repeated as long as the person
remains employed by or continues providing teacher/caregiver services in a
child care facility; however, if a person has a break in service of one year or
longer, the fingerprint reviews shall be repeated.
(e) Copies of State and Federal fingerprint
results shall be retained in the staff file and available for review by
Department staff, upon request.
(3) Operator and primary caregiver.
(a) The operator or primary caregiver shall
be responsible for the following:
(i)
Administration and management of the group child care home;
(ii) Safety and protection of the
children;
(iii) Development and
implementation of policies and procedures;
(iv) Communication with parents about the
policies and procedures of the group child care home;
(v) Teacher/caregiver hiring, supervision and
ongoing professional development; and
(vi) Compliance with all applicable laws and
regulations of the group child care home.
(b) The operator or the primary caregiver
shall be physically present on-site during the hours of operation of the group
child care home.
(c) The operator
shall be at least 21 years of age and meet one of the following qualifications:
(i) A bachelor's degree or advanced degree
from a state-approved college or university in early childhood education, child
development, child psychology or a related field that includes at least
eighteen credit hours in child development and/or early childhood
education;
(ii) A bachelor's degree
from a state-approved college or university in any subject area, six months
experience working with children in a licensed, approved or registered child
care facility;
(iii) An associate's
degree from a state-approved college or university in early childhood
education, child development, child psychology or a related field, that
includes at least eighteen credit hours in child development and/or early
childhood education with six months work experience in a licensed, approved or
registered child care facility;
(iv) A diploma in child development/early
childhood education from a state-approved institution or a child development
associate (CDA) credential, and one year work experience in a licensed,
approved or registered child care facility; or
(v) A high school diploma or General
Educational Development Certificate (GED) with 3 years experience in a
licensed, approved or registered child care facility. One year shall include
supervision of child care staff. However, a operator or primary caregiver who
is prevented from obtaining a high school diploma or GED because of a
disability, and who otherwise is qualified to perform the essential functions
of the position, must have at least a high school Certificate of Completion and
at least six months experience as a teacher/caregiver in a licensed, approved
or registered child care facility.
(4) Teacher(s)/caregiver(s).
(a) Teacher(s)/caregiver(s)shall meet the
following qualifications:
(i) Be at least 18
years of age, and able to read and write.
(ii) A teacher/caregiver who began employment
in a licensed or approved child care facility in South Carolina after June 30,
1994, must have at least a high school diploma or GED and at least six months
experience as a teacher/caregiver in a licensed or approved child care
facility. However, a teacher/caregiver who is prevented from obtaining a high
school diploma or GED because of a disability, and who otherwise is qualified
to perform the essential functions of the position of teacher/caregiver, must
have at least a high school Certificate of Completion and at least six months
experience as a teacher/caregiver in a licensed or approved child care
facility. If a teacher/caregiver does not meet the experience requirements, the
teacher/caregiver must be directly supervised for six months by a staff person
with at least one-year experience as a teacher/caregiver in a licensed or
approved child care facility. Within six months of being employed, a
teacher/caregiver must have six clock hours of training in child growth and
development and early childhood education or shall continue to be under the
direct supervision of a teacher/caregiver who has at least one year of
experience as a teacher/caregiver in a licensed or approved child care
facility.
(iii) A teacher/caregiver
who has two years experience as a teacher/caregiver in a licensed or approved
facility and was employed as of July 1, 1994, in a licensed or approved child
care facility in South Carolina is exempt from the high school diploma, GED,
and Certificate of Completion requirements of (b) above.
(iv) A teacher/caregiver with an
undergraduate degree from a state approved college or university in early
childhood, child development, or a related field may begin working with the
children immediately without additional supervision.
(b) Exception: A teacher/caregiver/teacher
may be 16 or 17 years of age if he/she is continuously supervised by a
qualified teacher/caregiver who is in the room at all times.
(c) Exception: Staff persons who were
employed prior to the effective date of these revised regulations are not
required to meet the staff qualifications specified in this chapter if the
staff qualifications required in the prior regulations are met. If a
teacher/caregiver has had more than a twelve-month break in service, the new
guidelines shall be met for re-employment as a teacher/caregiver.
(5) Professional development.
(a) The operator shall provide orientation
for all new teacher/caregiver(s), volunteer(s) and emergency person(s) prior to
their employment and volunteering. This orientation shall include the
following:
(i) Specific job duties and
responsibilities;
(ii) The
requirements of this chapter related to their job; and
(iii) The policies and procedures of the
group child care home that affect the health and safety of children.
(b) The operator shall participate
in at least fifteen (15) clock hours of training annually. At least five clock
hours shall be related to program administration and at least five clock hours
shall be in child growth and development, early childhood education and/or
health and safety excluding first aid and CPR training. The remaining hours
shall come from the following areas: Safety, Health, Nutrition, Guidance, or
Professional Development and must include blood-borne pathogens training as
required by the Occupational Safety and Health Administration (OSHA).
(c) All staff, with the exception of
emergency person(s) and volunteer(s), providing direct care to the children
shall participate in at least ten (10) clock hours of training annually. At
least four clock hours shall be in child growth and development and at least
four (4) clock hours shall be in curriculum activities for children excluding
first aid and CPR training. The remaining hours shall come from the following
areas: Curriculum Activities, Nutrition, Guidance, or Professional Development
and must include blood-borne pathogens training as required by OSHA.
(d) When children with special needs are
enrolled, the operator and teacher/caregivers shall receive orientation and/or
training in understanding the child's special needs and ways of working in
group settings when children with special needs are enrolled.
(e) All staff shall receive information
regarding the developmental abilities of the age group(s) with whom the
teacher/caregiver will be working.
(f) Records of training received shall be
kept on the premises and include the name of the person trained, the person or
persons conducting the training, date, number of hours, location, and the
competency area of the training.
(g) At least one person who is certified in
pediatric first aid, including rescue breathing, CPR, and management of a
blocked airway shall be present in the group child care home at all times when
children are in care, and during group outings or field trips. Training shall
be provided by an individual who is certified as a trainer by a recognized
health care organization.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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