South Carolina Code of Regulations
Chapter 114 - DEPARTMENT OF SOCIAL SERVICES
Article 5 - LICENSING
Subarticle 1 - DAY CARE FACILITIES
Section 114-503 - Management, Administration, and Staffing
Universal Citation: SC Code Regs 114-503
Current through Register Vol. 48, No. 3, March 22, 2024
A. Display of license/approval
(1) The center
shall display the current license/approval, as well as any violations in a
prominent public place in the center. The back of the license/approval 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 child care center shall have present
at any one time children in excess of the number for which it is
licensed/approved.
(2) Exception:
In the event of a natural disaster or unscheduled closing of a child care
center, the capacity may be exceeded temporarily for a maximum of 90 days to
accommodate the displaced children. The director shall notify the Department of
the situation and maintain appropriate staff:child ratios at all times.
Required records shall be kept on file for the new enrollees.
C. Child abuse
(1) The center shall immediately report
suspected child abuse or child neglect to the Department's Office of Child
Protective and Preventive Services or to local law enforcement in accordance
with South Carolina Code Annotated Section
63-7-310.
(2) The director 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 Child Protective and Preventive
Services staff;
(b) Release records
as appropriate, of children and staff upon request; and
(c) Allow access to the center premises 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 center 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 center 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 School Exclusion List.
(2) The following incidents shall
be reported to the Department immediately and may be investigated by the
Department:
(a) A death of a child or staff
person that occurs at the center;
(b) A child who is missing from the premises
or who is left unattended in a vehicle operated by the child care
center;
(c) Accidents or injuries
involving any child occurring at the center requiring emergency professional
medical treatment;
(d) Major
structural damage to center;
(e)
Natural or man-made disasters, including extreme weather conditions, which
cause the center to be closed for more than one day of scheduled
operation;
(f) An occurrence
requiring the services of a fire or police department, which affects the health
and safety of children;
(g) Charges
or convictions of crimes against the owner, director, or any staff
person;
(h) Reports of alleged
child abuse involving the owner, director, or any staff person;
(i) A follow-up report shall be submitted to
the Department as soon as an investigation of the facility is completed and
corrective action is taken; and
(j)
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 facility,
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 center 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 center 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
114-503.F.(1);
(b) The policy and
procedures on release of children specified in 114-503.F.(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
facility.
G. Child records
(1) The facility 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 persons listed in 114-503 G(2) 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 child care center 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 center;
(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
child care center;
(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 center during field trips and other
away from the center activities;
(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 center.
(6) A health record shall be maintained in
the center 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 child care center on the appropriate
DSS form;
(b) A current South
Carolina certificate of Immunization; and
(c) Other health information if deemed
necessary by the director of the center and/or by
parent(s)/guardian(s).
(7) Emergency information for each child
shall be easily and immediately accessible while at the center, 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 center;
(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;
(d) Health insurance
information;
(e) Consent for
emergency treatment; and
(f)
Permission to transport to hospital.
(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 center
director;
(4) Criminal history
background records check forms for the director, staff, emergency person(s),
and substitute (s);
(5) Record of
training for director and staff; and
(6) Written statements signed by all staff
members regarding disciplinary policies of the center.
(7) The director shall maintain health
records in the center for himself/herself, staff, and emergency person(s) in
accordance with 114-505.G.(1)(a) through (d).
I. Confidentiality and applicable laws and regulations
(1) The center 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 center shall comply with all
applicable federal, state, and local laws, regulations, and
ordinances.
(4) The center shall
make available at least one copy of Section
63-13-10 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
child care centers that will be provided by the Department.
J. Communication
(1) The center 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.
(3) The center shall have an internal means
of communication among staff.
(4)
The center shall have electronic means of communications with the Department,
except in locations where network service is unavailable or there is no
coverage.
K. Staffing
(1) Child abuse checks
(a) The director or staff 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 director(s) on
each staff person, except for volunteers in accordance with the following time
lines:
(i) For the director(s) and at least
two staff persons prior to the initial issuance of a regular or provisional
license/approval.
(ii) For the
director(s) and staff (including the emergency person) prior to employment and
at renewal times, if the employee was hired more than 6 months prior to the
renewal date.
(c) No
child care center 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 child care facility, 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 child care
facility 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 SC Code of
Laws Section
23-3-430
or who has been convicted of:
(i) A crime
listed in Code of Laws of South Carolina; Chapter 3 of Title 16, Offenses
Against the Person;
(ii) A crime
listed in Code of Laws of South Carolina; Chapter 15 of Title 16, Offenses
Against Morality and Decency;
(iii)
The crime of contributing to the delinquency of a minor, contained in Code of
Laws of South Carolina; Section
16-17-490.
(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) Center Director and/or Center
Co-Director(s)
(a) There shall be a center
director and/or center co-director(s) responsible for the following:
(i) Administration and management of the
center;
(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 center;
(v) Staff hiring, supervision and ongoing
professional development; and
(vi)
Compliance with all applicable laws and regulations of the child care
center.
(b) The center
director(s) or a designee shall be physically present on-site during the hours
of the center's operation. A center co-director is required when the program
operates more than 12 hours per day.
(c) The center director and center
co-director(s) 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 credential (CDA), and one year work experience in a licensed,
approved or registered child care facility; or
(v) A High School Diploma or GED, and Early
Childhood Development (ECD) 101 with 3 years' experience in a licensed,
approved or registered child care facility. One year shall include supervision
of child care staff.
(4) Caregivers/Teachers
(a) Caregivers/Teachers shall meet the
following:
(i) Be at least 18 years of age,
and able to read and write; and
(ii) A teacher/caregiver who began employment
in a licensed or approved child care center in South Carolina after June 30,
1994, must have at least a high school diploma or General Educational
Development Certificate (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; or
(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 center in South Carolina is exempt from the
high school diploma, General Education Development (GED), and Certificate of
Completion requirements of (ii) above.
(b) Exception: A teacher/caregiver with an
undergraduate degree from a state approved college or university in early
childhood, child development, elementary education, or a related field may
begin working with the children immediately without additional supervision as
long as they have 60 days' field experience with a group of children aged
0-8.
(c) Exception: A
teacher/caregiver may be 17 years of age if he/she has received his/her GED or
high school diploma and is continuously supervised by a qualified
teacher/caregiver who is in the room at all times.
(d) 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 director(s) shall provide orientation
for all new staff, volunteer(s), and emergency person(s) prior to their
employment, volunteering, and student/teacher training. 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
center that affect the health and safety of children.
(b) The director shall participate in at
least twenty 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 and/or health and safety excluding first aid and
CPR training. The remaining hours shall come from the following areas:
Curriculum, Nutrition, Special Needs, Child Guidance, Professional Development,
or other areas approved by the Department, and must include blood-borne
pathogens training as required by OSHA. Directors who receive training in
excess of twenty hours per year may carry over ten hours to the following year
in the category earned.
(c) All
staff, with the exception of emergency person(s) and volunteer(s), providing
direct care to the children shall participate in at least fifteen clock hours
annually. The hours shall come from at least three of the following areas:
child growth and development, curriculum , Child Guidance, Health and Safety,
Nutrition, Special Needs, Professional Development, Program Administration, or
other areas approved by the Department, and must include blood-borne pathogens
training as required by OSHA. CPR and first aid training do not count in the
fifteen hours.
(d) Caregivers who
receive training in excess of fifteen hours per year may carry over five hours
to the following year in the category earned.
(e) When children with special needs are
enrolled, the director and staff members 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.
(f) All staff shall receive information
regarding the developmental abilities of the age group(s) with whom the
teacher/caregiver will be working.
(g) 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.
(h) 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 center at all times when children are in
care, and during group outings or field trips. It is recommended that a CPR
certified teacher be in each infant and toddler classroom at all times when
children are in care. It is recommended that a CPR/first aid certified
caregiver must always be present and immediately available when any child is
eating. 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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