Pertinent laws and regulations. A ''permanently qualified'' operator; however, is still subject to all other regulatory requirements. The child care facility regulations in Chapters 3270, 3280 and 3290 (relating to child day care centers; group child day care homes; and family child day care homes) provide standards to aid in protecting the health, safety and rights of families and to reduce risks to children in child care centers, group child care homes and family child care homes. Next, the Department changed the term ''day care'' to ''child care'' throughout all three chapters of this final-form rulemaking except for instances referencing another agency, program office, title or other outside entity. Some family child care home operators may not need to purchase and use a monitoring device due to the presence of additional staff who can supervise the children when the operator is taking a restroom break or preparing meals. The Department is removing the term ''designated responsible person'' and is replacing it with ''designated staff person who is responsible for compliance'' in this final-form rulemaking. This commentator also expressed concern over whether children need to be present in an emergency drill. Using the Department's web site, operators and the general public can access the regulations from any location that has an Internet connection, be it at home, at the office or in a public location such as a public library or public school. These concerns will be addressed in a separate rulemaking which is currently under way. Application for and issuance of a certificate of compliance. Several commentators commented on this provision. The EMC is not required to monitor or enforce the plan, but must be aware, should an emergency arise, that the operator's plan exists. 55 Pa. Code 3270.4. Service to a child with special needs. 556 Mar. Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. Following the Department's notice of proposed rulemaking and the ensuing public comment period, the Independent Regulatory Review Commission (IRRC) and several commentators suggested the Department re-evaluate the fiscal impact of the added requirements concerning professional development topics and professional development hours prior to publishing this final-form rulemaking. The Department appreciates the support to more closely align the three chapters of regulations by including appeals requirements for family child care home operators that align with the same requirements for child care centers and group child care homes. This chapter is promulgated to facilitate the safe and healthful care of a child in a child day care center and to support families by providing care that promotes the emotional, cognitive, communicative, perceptual-motor, physical and social development of the child. Following the publication of the proposed rulemaking, the Department received 62 comments during the 30-day public comment period and 9 comments within 30 days after the close of the public comment period. 21 . A summary of the fiscal impact is as follows: CCDBG requirements now prescribe ten specific professional development topics that operators must complete before being granted a certificate of compliance to open and operate a certified child care facility. Chapter 3270 - Child Day Care Center | Licensing Regulations Database (a) The facility shall have an emergency plan that provides for: (1) Shelter of children during an emergency including lock-down, shelter in place at the facility and shelter at locations away from the facility premises. See 20.57(b)(3). IRRC suggested that the Department consider changing the definition of ''legal entity'' to mirror the definition of ''person'' in 1 Pa.C.S. Regarding the comment about the importance of emergency plans and fire drills due to the lack of any annual fire safety inspection, the Department notes that an annual fire safety inspection is required under section 1016(c)(1) of the act, which increases fire and safety requirements for all child care facilities. (a) An operator shall notify local traffic safety authorities annually in writing of the location of the facility and the program's use of pedestrian and vehicular routes around the child care facility. A commentator also requested that the Department clarify how the regulation impacts transportation, supplies and medications. Next, the Department adds 3270.15(b), 3280.15(b) and 3290.14(b) (relating to building codes) regarding maintaining the requirements for fire safety after the initial inspection and adds 3270.95, 3280.95 and 3290.95 (relating to fire detection) to this final-form rulemaking to ensure that the Department assesses compliance with fire safety standards at all certified child care facilities across the Commonwealth, as required under section 1016(c) of the act. 3270.14. The Department has also reviewed and considered the concerns expressed by commentators and IRRC about whether professional development is a one-time requirement. There are approximately 7,163 total certified child care facilities operating that have a total licensed capacity to provide care to an estimated 382,158 children across this Commonwealth, all of whom will benefit from the increased health and safety standards established in this final-form rulemaking. 500, No. (c) A first-aid kit must contain the following: soap, an assortment of adhesive bandages, sterile gauze pads, tweezers, tape, scissors and disposable, nonporous . Therefore, the Department is not permitting a waiver of age and training requirements for family child care home facility persons to maintain consistency, as such waivers are not permitted for age and training requirements at child care centers and group child care homes. After consideration, the Department will not accept professional development completed prior to September 30, 2016, because professional development must adapt over time to reflect current best practices supported by research. Another commentator suggested the Department consider ways to help family child care operators with the costs of obtaining the professional development because family child care operators are essential when there is already a lack of high-quality programs. Training for child abuse reporting and first aid training are separate requirements from the topics listed for the 12-hour annual professional development requirement. However, the Department declines making changes because the current staff:child ratio appears to be adequate based on the Department's experience. Although the majority of the staff presently working at certified child care facilities throughout this Commonwealth have already taken the added professional development prescribed by the CCDBG, all staff will also be required to take an additional 6 clock hours, or 12 clock hours total annually, of professional development, as prescribed by the Department. 3270.31. 3270.15. 3270.27/3280.26/3290.24Emergency plan. All child care operators and staff may use the Department's professional development registry, which the operators can use to maintain data about staff members and the status of the required professional development. The remaining 24% who responded indicated that they would use other methods to meet the monitoring means. Regarding implementation of the professional development for current staff, the Department is clarifying that current staff who have not yet taken the CCDBG-required professional development will have 180 days from the effective date of this final-form rulemaking to complete the prescribed professional development requirements. 03/01/2021. IRRC also inquired whether the costs for an additional caregiver were considered and whether the costs for an additional caregiver can be included in the calculations for the cost of implementation of the regulation. As noted, the Department may address remaining concerns with costs upon implementation. Regarding the concern that the pediatric first aid and pediatric CPR training takes too long, it is estimated to take approximately 4 hours for the initial training, which the Department does not perceive as burdensome. The Statewide daily cost for all family child care home operators that offer 24-hour care to provide 24-hour care is an estimated maximum of $27,456. Another commentator suggests extending the prohibition to infant food and suggests the use of child care health consultants. . Next, the topics described in 3270.31(f), 3280.31(f) and 3290.31(g) are clear, acceptable and sufficiently broad to encompass a broad array of topics related to health and safety, as well as early childhood development. The good news is that reputable personal injury lawyers work on contingency. One commentator noted agreement with the changes in language for appeals for family child care homes. (b) A staff person shall be 18 years of age or older. The provisions of this 3270.34 amended under Articles IX and X of the Human Services Code (62 P.S. The Department is including the ChildLine telephone number in this final-form rulemaking so that the reporting requirement is clear from the language without need for outside reference. That same commentator suggested adding a provision to require the use of photo tags. 201219). (Editor's Note:Proposed 3041.13, 3270.131, 3280.131 and 3290.131 have been withdrawn and are not being amended in this final-form rulemaking.). Under this final-form rulemaking, the certification process for family child care homes aligns with the certification processes for child care centers and group child care homes. 3290.11Application for and issuance of a certificate of compliance, IRRC commented that the proposed regulation describes family child care homes as facilities providing care for ''up to six unrelated children'' and is requesting clarification on why the language does not align with the definition of ''family child care home.''. Because of the statutory limits on the numbers of unrelated children allowed in care at any one time in family child care homes, and because of the Department's experience in monitoring compliance at family child care homes, the current staff:child ratio is sufficient to safeguard the health and safety of children in care. A few commentators disagreed with the requirement, with most expressing concern over costs. Those providers have approximately 45,612 staff positions and a total licensed capacity to Some commentators suggested that the Department consider permitting a waiver to obtain the training for up to 1 year. In addition to the Federal CCDBG requirements at 45 CFR 98.41 and 98.44(b)(2)(i) requires states to maintain and update health and safety training standards as found in 45 CFR 98.41(a)(1)(i)(x), which are the CCDBG training requirements prescribed in 3270.31(f), 3280.31(f) and 3290.31(g). 769, No. PDF PA 3270.1 3270.119 Child Day Care Centers GENERAL PROVISIONS The Department is assuring that staff persons in a family child care home meet the supervisory responsibilities under 3290.4 and 3290.113(a). (b)The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form as required by law. Since family child care homes may not offer the care daily throughout the year because of holidays and other scheduling arrangements, the Department determines that, on average, family child care homes offer the care 180 days annually. As a new applicant, the legal entity must follow all of the requirements for the application process. Pennsylvania Child Care Licensing Rules Who is a Child Care Provider? The Department is making changes to 3290.94 that prescribe the frequency of required fire drills at family child care homes, which is at least every 60 days, and that the facility must maintain a written record of the fire drills. The Department concurred and reached out to the ELC as well as the family child care community. Increased Annual Professional Development Hours. IRRC also commented on this provision, much of which echoed the concerns of the commentators. To bring certified family child care homes in line with group child care homes and child care centers, family child care homes will be required to conduct fire drills at least once every 60 days. The Department will continue to confer with the child care community about concerns regarding: the exclusion of children with symptoms of disease from attending child care; the suggestion from a commentator that child care facilities designate a staff member to work as a health advocate; and the Department of Health's regulation that excludes children from care who display symptoms of disease. The Department is also clarifying in this final-form rulemaking under 3270.31(e)(4)(i), 3280.31(e)(4)(i) and 3290.31(f)(4)(i) that the requirement for first aid training is replaced by the requirement for up-to-date pediatric first aid and pediatric CPR certification. Child Care Centers 55 Pa. Code, Chapter 3280, Group Child Care Homes 55 Pa. Code, Chapter 3290, Family Child Care Homes Orientation Training for Child Care Providers Department of Human Services, Office of Child Development & Early Learning (Includes links to information on Training, Grants, Subsidies, Etc.) Washington, DC: Council for Professional Recognition. The Department observes there are critical differences between adult first aid and adult CPR, versus pediatric first aid and pediatric CPR. The Department revised its methods to calculate the costs for increased professional development and for increased supervision in family child care homes. With respect to the increased annual professional development clock hours requirements, the total cost Statewide for child care centers is estimated to be $4,158,936. Lastly, the Department acknowledges and declines the suggestion to add a sign-off to the required Emergency Contact Form indicating that parents received electronic copies of the regulations. The Department rejected that alternative because it could cost a family child care home operator up to $88 per day to employ a second staff person who is working an 8-hour shift. Molina Healthcare headquarters in Long Beach, Calif. Section 3270.27 - Emergency plan, 55 Pa. Code - Casetext Several commentators commented on this provision and most agreed with the proposed requirements for specific accommodations in emergency plans for infants, toddlers, children with chronic medical conditions and children with disabilities because their needs can be drastically different. IRRC further commented that the terminology ''sight technological device'' is unclear and suggested it be clarified. The differences in the types of buildings, the numbers of children who can be cared for in each different type of facility and the qualifications of staff working at the different types of facilities all demonstrate justification for different regulatory requirements. The Department determines that the cost to purchase a device, if needed, strikes an appropriate balance between the added cost to the operator to purchase the device and the additional health and safety protections afforded to children by using the device to ensure the continuous, real-time supervision of all children at all times. The scope of this final-form rulemaking relates to fire safety, emergency plans, frequency of inspections, professional development requirements and the certification of family child care homes. The Department concurs with the observations of the IRRC and other commentators regarding the calculation of professional development costs in the proposed rulemaking. The operator must elect and implement the type of drill that best safeguards the health and safety of the children in care. This final-form rulemaking also allows options for the operator to consider when requiring a monitoring means. In addition, the Department also made changes to the regulation, including correcting typographical errors, reformatting to enhance readability and revising language to enhance clarity or conform to changes made in response to comments. This increase aligns the Commonwealth's annual clock-hours requirement with five of the six contiguous states and better safeguards the health and safety of all the children in care. In addition, the Department's statutory authority to establish the requirement to better protect the health and safety of children in care is under Article X of the act, which authorizes the Department to promulgate the regulations and establish and enforce health and safety standards. In response to IRRC's inquiry regarding public input, the Department reached out to ELC, an advisory group for the Office of Child Development and Early Learning, regarding the comments the Department received during the public comment period. To the extent there are remaining questions with implementation of this final-form rulemaking, the Department will address any remaining difficulties with following the regulations through outreach to the child care community. 3270.16. The Department estimates that the cost to family child care homes that choose to purchase a device to implement a monitoring means will be $88,900 to satisfy the requirement. There are important differences that impact the health and safety of children such that there is regulatory justification for different requirements among the three chapters. IRRC also inquired on how an operator will be able to determine the appropriate number of devices needed to comply with the requirement. The Child Development Associate National Credentialing Program and CDA competency standards: Preschool edition. The Department will continue to work with the Department of Health regarding guidance to child care facilities for COVID-19 and other health topics raised by the commentators. After careful consideration, the Department is deleting the requirement that operators must post a hard copy of the regulations because the Department no longer distributes hard copies of the regulations to operators or the general public. For group child care homes, the total cost Statewide is estimated to be $180,639, an amount that accounts for the same cost calculations as for child care centers. The Department acknowledges the suggestions from IRRC and commentators that previously-completed professional development should be counted towards satisfying the professional development requirements. 55 Pa. Code Chapter 3270. Child Care Centers - Pennsylvania Code & Bulletin In addition, IRRC requests clarification of the time the operator or staff will have to produce documentation of a high school diploma or general education development certificate (GED) to meet the requirement. As such, these comments are outside the scope of this final-form rulemaking and the Department declines to add them here. The Department, however, will provide technical assistance and training upon implementation to assist operators with meeting the requirement. The provisions of this 3270.34 amended December 18, 2020, effective December 19, 2020, 50 Pa.B. PDF PA 3270.121 3270.241 Child Day Care Centers PROCEDURES FOR ADMISSION To the extent there are remaining questions with implementation, the Department will address any remaining difficulties with following the regulations through outreach to the child care community upon implementation of this final-form rulemaking. The Department, however, is allowing the operator discretion in selecting the monitoring means because: (1) the technology changes so quickly; (2) the cost of implementing such means varies depending on the needs of the individual home; (3) of the length of time the device needs to be utilized; and (4) of differences in the layout of the home. Seven commentators commented on the proposed changes regarding pediatric first aid and pediatric CPR. CDA Child Care Licensing/Regulation Agency | Virtual Lab School The Department concurs with IRRC's comment and is changing the terminology in this final-form rulemaking to reflect consistency with the definition of ''family child care home'' as care for ''four, five or six children unrelated to the operator'' under subsection (c). The Department responded and further clarified its response to Question # 25 of the RAF in this final-form rulemaking. The fiscal analysis is discussed previously and also included in the Department's RAF. No part of the information on this site may be reproduced for profit or sold for profit. 3280.14. It is common for contingency amounts to be anywhere from 25% . 3280.13. However, neither the existing regulations nor this final-form rulemaking mandates specific courses by name, and so the requirement may be satisfied by taking one of the approved courses listed on the Department's Keep Kids Safe web site at http://www.keepkidssafe.pa.gov/. A commentator requested clarification on whether the course ''Reporting Child Abuse'' is mandatory. GENERAL REQUIREMENTS 3280.11. The first part is the summary for comments received for all three chapters as well as comments received for the child care center regulations, the group child care home regulations, or both. The Department will address these broader suggestions and concerns by encouraging certain suggestions through training or technical assistance and will continue to examine the suggestions for a future rulemaking. The requirements for certified family child care homes under this final-form rulemaking help to ensure that children who are sleeping are properly supervised. The child care regulations in Chapters 3270, 3280, and 3290 (relating to child care centers (CCCs), group . 3280.11(e)/3290.11(h)Application for and issuance of a certificate of compliance. For this final-form rulemaking, there are no provisions specifically developed for minorities, elderly, small businesses or farmers. With respect to the several requests for the Department to assist operators with finding resources to help pay for any needed equipment, the Department understands that this requirement may increase costs but notes that this final-form rulemaking strikes an appropriate balance between the added protection to the health and safety of children in care and any added costs to purchase a monitoring device or secure an additional staff person to ensure supervision. Because of the need for additional study on these topics, the Department declines the suggestions to add new requirements, establish additional training requirements, expand the list of items banned or require the use of health consultants. Specifically, the scope of this rulemaking relates to fire safety, emergency plans, frequency of inspections, professional development requirements and the certification of family child care homes. Operators without a GED or high school diploma who were permanently grandfathered in under the 2008 regulatory revisions will continue to be grandfathered in under 3290.213 if they are still providing child care services. The Pennsylvania Chapter of the American Academy of Pediatrics and pediatricians requested that the Department consider additional specificity regarding providers' responsibilities in caring for children and excluding children with symptoms of disease. The Department is also not adopting the suggestion to extend this monitoring requirement to all certified child care facilities.
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