Current through August, 2024
Purpose:
These requirements have been developed to provide for the
protection, safety, and well being of children in a manner to complement the
care provided by the child's parents.
These requirements assure that the Agency of Human Services,
Departments of Social and Rehabilitation Services and Social Welfare, are in
compliance with statutory requirements contained within Title VI of the federal
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA) which requires assurance that standards addressing health, safety,
prevention and control of infectious diseases, and building and physical
premises are in place for subsidized, legally exempt child care and with
Public Law
103-227, the Pro-Children Act of 1994 which
prohibits smoking in any indoor facility used routinely or regularly for the
provision of day care to children under the age of 18, if the services are
funded by Federal grant, contracts or loan.
DEFINITIONS
Department - The Departments of Social Welfare (DSW) and
Social and Rehabilitation Services (SRS) within the Agency of Human
Services.
Legally Exempt Child Care Provider (Provider) - A person (1)
who has obtained an Exempt Child Care Provider Certificate, (2) who is approved
to provide legally exempt child care and (3) who is reimbursed for that care
through the Agency of Human Services.
Parent - An adoptive or biological parent, stepparent or
other person legally responsible for the care of the eligible child.
Certification - The process through which a person has, in
writing, certified himself/herself to be in compliance with the Requirements
for Legally Exempt Child Care and has been found by SRS not to have a report of
child abuse/neglect substantiated against him or her or other demonstrated
behavior or criminal record which would endanger children.
A Child - person who has not yet reached the age of thirteen
(13) years.
Child With Special Health Needs - (a) A person under the age
of nineteen (19) who is eligible for special education services in accordance
with an Individualized Education Plan (IEP) or 504 Plan and who is not capable
of safely caring for his/herself; or (b) A person who is age 13 or older who
has a documented physical, emotional, or behavioral condition that precludes
the person from providing self-care or being left unsupervised, as verified by
the written report of a physician, licensed psychologist, or court
records.
Legally Exempt Child Care - Care, protection and supervision
of children on a regular or continuous basis for less than 24 hours a day by a
person other than a parent of the eligible child(ren) which meets minimal
health and safety standards and is provided to children whose families are
eligible for child care subsidy through the Agency of Human Services.
Legally Exempt Child Care Provider Certificate - A written
document that certifies the holder of the certificate has been approved by the
Department as a person who provides legally exempt child care to a child of an
eligible family.
LEGALLY EXEMPT CHILD CARE PROVIDER REQUIREMENTS
A. Qualifications
1. The Provider shall be physically and
emotionally capable of performing activities normally involved in the provision
of child care and in compliance with these requirements.
2. The Provider shall be at least 18 years of
age; or at least 16 years and have a high school diploma or GED or attend
secondary school full time, with the exception of school vacations, and the
provision of care is limited to hours which do not conflict or interfere with
school attendance and is provided for not more than 20 hours per week, except
during a regularly scheduled or emergency school closing.
3. The Provider is not the eligible child's
sibling, half-sibling, or stepsibling residing in the child's residence; not a
parent of the eligible child without regard to where the parent resides; and,
if eligible child is a member of an ANFC family unit, not a member of the same
ANFC family unit.
4. When Legally
Exempt Child Care is provided in the provider's home, child care is limited to
the children from no more than two families in addition to her (or his) own
children.
5. When Legally Exempt
Child Care is provided in the child(ren)'s home, care is limited to that
child(ren) and the provider's own children.
B. Health & Safety
1. The following persons may not be
providers, be present in, or reside in the home of the Provider:
- a person found by the court to have committed fraud, a
felony, or other offenses involving violence or unlawful sexual activity or
other bodily injury to another person including, but not limited to, abuse,
neglect or sexual activity with a child; or
- a person found by a court to have abused, neglected or
mistreated a child;
- an adult(s) or child(ren) who has had a report of abuse or
neglect substantiated against him or her under Chapter 49 or 69 of Title 33,
Vermont Statutes Annotated.
2. The Provider shall obtain prior written
permission from the child(ren)'s parent before leaving the child(ren) in the
care of another person. If a legitimate emergency situation arises to which
only the Provider can respond and such a situation prevents the Provider from
being able to continue to provide child care; the Provider may leave a
child(ren) for a short period of time in the care of another person known to
the Provider without first obtaining written permission from the child(ren)'s
parent. The Provider shall cause the parent to be notified of this action at
the first practical opportunity.
3.
The Provider shall have knowledge of, account for the activities of, and remain
in close proximity to the child(ren) at all times in order to assure immediate
intervention to safeguard a child from harm.
4. The Provider shall protect the child(ren)
from any and all conditions which threaten a child's health, safety and
well-being.
5. The provider shall
assure children in their care are not exposed to tobacco smoke during the hours
the children are in care.
6.
Children shall not be subject to corporal punishment, including hitting,
spanking, pinching, or be confined in a small enclosed or darkened
area.
7. Children under five years
of age shall be restrained in a federally approved child restraint system while
being transported in a vehicle. Children five years of age and older shall be
restrained in a federally approved seat belt in accordance with state law while
being transported in a vehicle.
8.
The Provider shall have adequate first aid supplies including syrup of ipecac
and knowledge of how to use them.
9. The Provider shall obtain written
permission from the parent authorizing (1) emergency medical care for
child(ren) and (2) prior to giving medication to children in care.
C. Control of Infectious Disease
1. The parent shall certify in writing to the
Provider that the children have had all age appropriate immunizations in
accordance with the schedule recommended by the Vermont Department of
Health.
2. The Provider shall wash
her (or his) hands and assure that the hands of children being cared for are
washed at appropriate times.
3. The
Provider shall clean up blood and other bodily fluids with appropriate caution,
protection and thoroughness.
D. Building and Physical Premises Safety
1. The Provider shall certify in writing to
the Department of Social and Rehabilitation Services that the premises in which
the child care is to be provided has a functioning smoke detector and a 2-A:
10-B:C fire extinguisher.
2. The
Provider shall prevent child access to stoves, pools, poisons, wells, known
vicious animals, weapons, medications, toxic chemicals, bodies of water and
heating devices.
E.
Reporting Abuse and Neglect
1. The Provider
shall report to SRS all instances of suspected child abuse and/or neglect as
required by 33 VSA Chapter 14.
F. Parental Access
1. The Provider shall give the child(ren)'s
parent(s) unlimited access without delay to their child(ren) at any time the
child(ren) are within the Provider's care.
G. Certification
1. Certification of an applicant is complete
when (1) the applicant has certified himself/herself to be in compliance with
the Legally Exempt Child Care Requirements, and (2) the Department has not
found the applicant, or any member of the applicant's household, to have a
report of child abuse/neglect substantiated against him or her or other
demonstrated behavior or criminal record which would endanger
children.
2. The State of Vermont
shall provide each prospective Provider a printed copy of the Legally Exempt
Child Care Requirements and relevant forms, including the release to the
Department to conduct the abuse registry and criminal records
screening.
3. The Provider shall be
notified in writing by the local child care resource agency about child care
training to be offered.
4. The
Provider is chosen by the parent, and the State of Vermont subsidizes the
parent's child care expenses. At no time shall the Provider be considered an
employee of the State of Vermont.
5. At the discretion of the Agency of Human
Services, subsidy payment(s) for child care provided by a Provider may be made
to either the Provider or parent.
6. If an application to become a Provider is
denied or the certificate is revoked, that decision may be appealed to the
Human Services Board. Such appeal must be made within 30 days of the mailing
date of the denial notice.
7. The
Department may impose conditions on the Legally Exempt Child Care Provider
Certificate when circumstances warrant.
8. The SRS or DSW Commissioner, or his or her
designee, may grant a variance to these requirements under unique and
exceptional circumstances when literal application of a part of these
requirements will result in an unnecessary hardship and the intent of the
requirement can be achieved by other means.
Statutory Authority:
3 V.S.A. §
3053(5)
