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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 37/99

NEWFOUNDLAND REGULATION 37/99

Child Care Services Regulations
under the
Child Care Services Act

(Filed April 15, 1999)

Under the authority of section 16 of the Child Care Services Act, the minister makes the following regulations.

Dated at St. John s, April 14, 1999.

Joan Marie Aylward
Minister of Health and Community Services

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application for licence

        4.   Insurance

        5.   Violation order, service and notice

        6.   Application for increase

        7.   Renewal

        8.   Operators and home visitors

        9.   Inspectors and inspection

      10.   Records and operation

      11.   Consent to release child

      12.   Building

      13.   Health and safety

      14.   Legislation and policy availability

      15.   Programs and activities

      16.   Hours of attendance

      17.   Supervision

      18.   Notification of change

      19.   Service and notice

      20.   Emergency procedures

      21.   Nutrition and food safety

      22.   Transportation

      23.   Staff: health and safety

      24.   Ratios and group sizes

      25.   Family child care

      26.   Emergency replacement

      27.   Qualifications of operators

      28.   Staff qualifications

      29.   Family child care

      30.   Child care services consultants

      31.   Equivalency

      32.   Continuing education

      33.   Transitional education requirements

      34.   Assistance

      35.   Transitional

      36.   Prohibition

      37.   Repeal

      38.   Commencement

Schedule


Short title

        1. These regulations may be cited as the Child Care Services Regulations.

Definitions

        2. In these regulations

             (a)  "Act" means the Child Care Services Act;

             (b)  "certification" means the certification levels and classifications of levels described in the Schedule;

             (c)  "family child care" means the provision of child care by a licensee or a person who is supervised by an agency, in that licensee’s or person’s home,

             (d)  "group" means the total number of children

                      (i)  in each fully equipped home room of a group child care centre who are supervised by a person described in subsection 24(1), or

                     (ii)  who are supervised by a family child care provider;

             (e)  "group child care centre" means premises or a part of premises where there is a child care service for not more than 60 children;

              (f)  "home room" means a separate room in a child care centre that is equipped and supplied with developmentally appropriate material sufficient for the use of the children in the group using that room;

             (g)  "home visitor" means a home visitor as described in section 8; and

             (h)  "program" means the philosophy, equipment, staff numbers, staff schedule, room arrangement, outdoor play space, daily schedule and play materials of a child care service and policies with respect to outings, health, parent involvement, admission and guiding children's behaviour.

Application for licence

        3. (1) A person may, in the required form, apply to a director for a licence or a renewal of a licence for the region represented by the board which appointed that director.

             (2)  An application for a licence or a renewal of a licence shall include a description of the program to be offered under the applied for licence and a licence shall not be issued or renewed unless that program has been approved by the director.

             (3)  An application for a licence or a renewal of a licence shall include written proof that all requirements under the Act and regulations to comply with national building, fire and electrical codes, the Buildings Accessibility Act and the Health and Community Services Act have been met.

             (4)  Notwithstanding subsection (3), where an application is made under this section by an agency, that agency shall ensure that a family child care service under its supervision has complied with the requirements of national building, fire and electric codes and the Health and Community Services Act insofar as those codes or that Act apply to a private dwelling place or a family child care home.

             (5)  Access to a child care service by an agency, inspector, home visitor, or other person or group of persons designated by the minister is a condition of a licence issued under the Act.

             (6)  Notwithstanding subsection (3), where an application is made under this section for a licence by a person licensed under the Day Care and Homemaker Services Act in force immediately before the coming into force of the Act, that person shall comply with the building, fire and electric codes applicable to that person’s application immediately before the coming into force of the Act subject to safety and other standards which the provincial director may impose.

             (7)  A person who applies for a licence shall provide building plans of the premises and area intended for use as a group child care centre which are satisfactory to the director and where those premises and that area is modified or changed, the director shall be provided with a further plan, satisfactory to him or her, indicating that modification or change.

             (8)  An agency and a person who applies for a licence for a group child care centre or for a licence to provide family child care shall, upon making that application, provide to the director a description of the policies and proposed program of that agency or person with respect to the child care services provided under the supervision of that agency or provided by that person and those policies and programs shall comply with the Act and policies and guidelines which the minister may establish and shall be approved by the director before a licence is issued to that agency or person.

             (9)  The provincial director or a director, may, in accordance with guidelines which the minister may, for a fixed period of time, establish and impose terms and conditions upon a licence which may vary or be in addition to the requirements of these regulations and failure to comply with those conditions shall be considered to be a failure to comply with the requirements of the Act.

           (10)  A licence and a renewed licence shall be in force for not more than 3 years.

Insurance

        4. (1) A person or a family child care agency shall not operate or supervise a child care service unless that person or agency is insured by commercial general liability insurance as required by the provincial director.

             (2)  Proof of a current policy held under subsection (1) shall be filed at the group child care centre, family child care agency or, where subsection 7(8) of the Act applies, in the home of the licensee who provides the child care service.

Violation order, service and notice

        5. The minister, provincial director, a director or an inspector may serve a violation order issued under section 9 of the Act upon a licensee.

Application for increase

        6. (1) A licensee may apply to a director to

             (a)  vary the licence in order to increase the number of children for which a licence is granted; and

             (b)  issue a new licence to operate an additional child care service.

             (2)  Where a licensee makes an application under subsection (1), the director shall review all existing licences held by that licensee and shall review that person’s history of compliance with the Act, regulations and terms and conditions imposed under a violation order.

             (3)  A director shall not approve an application for a varied licence or a new licence for an additional child care service in accordance with this section where

             (a)  a licence of the applicant has been suspended or revoked;

             (b)  a violation order has been issued to that applicant and the applicant has not complied with that order within the required time; and

             (c)  the applicant or another corporation or operation of which he or she is in control or is the owner or operator has not complied with the Act, regulations or a violation order.

Renewal

        7. A licensee may renew a licence by making an application, in writing, to a director and that application shall be made not fewer than 60 days before the expiration of the existing licence.

Operators and home visitors

        8. (1) A group child care centre shall have an operator who shall direct and manage the daily operations of that centre.

             (2)  An agency shall appoint a person as a home visitor to monitor and advise family child care services within the area under the supervision of the agency.

             (3)  An operator of a group child care centre and a home visitor appointed under subsection (2) shall not commence his or her duties as operator or home visitor without the prior written approval of the director.

             (4)  A home visitor shall visit a family child care home at least once a month in order to provide consultative support, resources and professional development services.

             (5)  A licensee who is an operator may appoint a person to supervise a group child care centre to which the licence applies and that person shall have the certification required for an operator under section 27.

Inspectors and inspection

        9. (1) The minister may determine the education, experience and other training and qualifications required for inspectors appointed under the Act.

             (2)  A director may, in accordance with guidelines which the minister may establish, determine the number and location of inspections which an inspector shall make in order to ensure the compliance of child care services with the Act and regulations.

             (3)  A group child care centre shall be inspected by an inspector at least once a year.

             (4)  An inspector may enter onto a child care service premises at any time when children are being provided with care on those premises.

             (5)  An inspector who inspects family child care agencies and family child care homes shall ensure that with respect to periodic administrative inspections which the minister may require, that in a year, at least 10% or 5 of the family child care homes, whichever is greater, operated under the supervision of an agency are inspected.

Records and operation

     10. (1) A licensee shall maintain and keep the information and records which the minister may require at the child care service location to which the record applies.

             (2)  The information and records required under subsection (1) shall, with respect to each child at the child care service location, include

             (a)  the name, address and date of birth of the child;

             (b)  the names, home and work addresses and telephone numbers of the parents or guardians of the child;

             (c)  the name, address and telephone number of a person other than the parent or guardian who may be contacted in the case of an emergency;

             (d)  the date of the child’s admission into the child care service;

             (e)  the date of the child’s removal from the child care service;

              (f)  the name and address and telephone number of the child’s physician;

             (g)  a daily register maintained by a designated staff person or child care provider indicating the date of birth of each child and the time of arrival and departure of each child from the child care service premises; and

             (h)  a current record of the health record, health history, communicable diseases, immunizations, medical consent, medication consent and administration of medication records of and related to a child that the minister may require.

             (3)  A licensee shall maintain, at the location of that licensee’s child care service, or, in the case of a family child care agency, at the offices of that agency, a record of

             (a)  the most recent fire and health inspection report of the premises where that child care service is located; or

             (b)  the most recent fire and health inspection report of premises where child care services under the supervision of that family child care service agency are carried out; and

             (c)  copies of violation orders and reports of corrective action for the current licence period.

             (4)  Where a child becomes seriously ill, injured or dies while in the care of a child care service, the licensee for that child care service, the child care giver or an agency which supervises that child care service shall immediately notify a parent, guardian or other person named under paragraph (2)(c) and the department of that illness, injury or death.

             (5)  A record of injuries and incidents which occur with respect to a child in a child care service shall be completed in the required form and maintained in a file at that service.

             (6)  A person shall not, without the consent of a director, destroy, alter, deface or obliterate an entry with respect to a child in a register.

Consent to release child

     11. A child in a child care service shall not be permitted to leave the child care service premises with a person who is not that child’s parent or legal guardian without the written consent of that parent or legal guardian.

Building

     12. (1) A group child care centre shall have

             (a)  a telephone which is in working order;

             (b)  in a home room, floor space of not less than 3.3 square metres excluding fixed equipment, per child in that home room;

             (c)  equipped in the manner which the provincial director may require, a home room for each group of children attending that centre;

             (d)  a separate sleep room accessible to the home room of children aged from birth to 24 months;

             (e)  washroom facilities which are available for the exclusive use of that child care service and which meet the requirements of the National Building Code (Canada) the Health and Community Services Act and requirements which the minister may establish;

              (f)  easily accessible space for the temporary care and isolation of a sick child and shall provide in that space a cot with suitable bedding;

             (g)  a first aid kit which meets the requirements of the Occupational Health and Safety First Aid Regulations made under the Occupational Health and Safety Act;

             (h)  separate room and washroom facilities available for adults;

              (i)  provide bathing facilities and diapering stations as the minister may require; and

              (j)  provide other safety and health related equipment that the minister may require.

             (2)  A family child care home shall have

             (a)  a telephone which is in working order;

             (b)  a first aid kit which meets the requirements of the Occupational Health and Safety First Aid Regulations made under the Occupational Health and Safety Act; and

             (c)  provide safety and health related equipment that the minister may require.

             (3)  A group child care centre shall not be located in premises which are more than one floor above the ground floor and a home room for the care of children aged birth to 24 months shall be at grade level.

             (4)  A group child care centre which operates more than 3 hours per session shall have access to outdoor play space on site, surfaced, enclosed, of a size and equipped in the manner which the minister may require.

             (5)  A home in which family child care occurs and a group child care centre which operates for 3 or fewer hours per session shall have access to an outdoor play space, surfaced, enclosed, of a size and equipped in the manner which the minister may require.

             (6)  A child care service

             (a)  shall provide play materials, furniture and equipment which is developmentally appropriate and which conforms with standards established under the Hazardous Products Act (Canada);

             (b)  shall not have baby walkers or an infant or older child jumping apparatus;

             (c)  shall provide a sufficient number of high chairs or infant seats with a safety belt for infants receiving child care who are not able to sit independently;

             (d)  shall provide a separate cot or crib with suitable bedding for every child under the age of 24 months and for children who are older than 24 months, sleeping arrangements as the minister may require; and

             (e)  shall comply with requirements which the minister may establish with respect to health, safety and the proper care of children in a child care service.

Health and safety

     13. (1) The minister

             (a)  shall establish policies and guidelines with respect to child care services in the province; and

             (b)  may adopt as a standard for child care services in the province all or a portion of a national or provincial health, safety, fire or building code,

and a child care service shall adhere to those policies, guidelines and codes.

             (2)  Diapering and toileting procedures shall be in accordance with policies and guidelines which the minister may establish.

             (3)  There shall be no hot liquids in the home room of a child care centre.

             (4)  A child care service shall not have pet animals on the premises where that service takes place except in accordance with policies and guidelines of the minister.

             (5)  Where it is necessary to administer prescription medication to a child, a child care service shall first obtain the written permission of a parent or guardian of that child for the administration of that medication and shall keep all medication in a safe, secure and appropriate place and maintain records which the minister may require with respect to that medication and its administration to the child.

             (6)  A non prescription medication shall not be administered to a child by child care service providers, licensees, operators, supervisors or staff except with the written authorization of a physician and in accordance with subsection (5).

Legislation and policy availability

     14. A licensee or an operator of a child care service shall have available for a parent or guardian of a child attending that child care service, a copy of the Act, the regulations and policies and guidelines of the minister with respect to child care services and policies of that child care service.

Programs and activities

     15. A child care service shall provide a program of activities which comply with policies and programs approved for that child care service under subsection 3(8), the regulations and with policies and guidelines of the minister.

Hours of attendance

     16. A group child care centre shall provide child care between the hours of 6:30 a.m. and 8:30 p.m. only.

Supervision

     17. (1) A child in a child care service shall be supervised by the family child care service provider or a staff person at all times.

             (2)  Notwithstanding subsection (1), a child who is 7 to 12 years of age shall be supervised in accordance with the policies of the licensee, operator, the wishes of the parents or guardians of the child and in the manner which is appropriate to the age of the child and his or her level of development and in accordance with the policies and guidelines of the minister.

Notification of change

     18. A child care service and an agency shall notify, in writing, a parent or guardian of a child in that service

             (a)  of a change in the terms and conditions of a licence applicable to that child care service;

             (b)  of a planned closure or sale of the child care service, not fewer than 2 weeks before that closure or sale; and

             (c)  as soon as is practicable after becoming aware of the commencement of an investigation by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police into an alleged offence against a child involving an employee, caregiver or other person associated with the child care service, unless the constabulary, police or the provincial Director of Child, Youth and Family Services directs otherwise.

Service and notice

     19. Where in the Act and the regulations a reference is made to service upon a person or to notification of a person in writing, that service or notification shall be made in person or by registered mail at the last known address of that person, and where that person is a corporation, that service or notification shall be made upon a director of that corporation.

Emergency procedures

     20. A child care service shall carry out a monthly fire and emergency evacuation drill from the premises in which that child care service is operated and that drill shall be conducted as required by the guidelines established by the minister.

Nutrition and food safety

     21. (1) Meals and menus provided to children in a child care service shall be in accordance with the requirements of the Canada Food Guide to Healthy Eating.

             (2)  Food handling, food handling facilities and the preparation of food at and for a child care service shall be in accordance with the requirements of the Health and Community Services Act, the Food and Drug Act and in accordance with the guidelines established by the minister.

             (3)  While a child is in a child care service and is between the ages of birth and 24 months, he or she shall be permitted to eat and sleep in accordance with his or her own schedules and in accordance with the wishes of his or her parents or guardians.

             (4)  The manner in which a child is fed and the food offered to a child while in a child care service shall be appropriate to the child’s age, stage of development and individual capability.

             (5)  A child in a child care service who requires bottle feeding shall be held by a member of the child care service staff during that feeding.

             (6)  A child care service shall, daily, provide to the parents or guardians of a child who is less than 24 months of age a written record of their child’s eating, sleeping and elimination patterns.

Transportation

     22. (1) Where transportation is provided by or on behalf of a child care service to transport a child between the child care service and the child’s home

             (a)  the child shall not be left unattended; and

             (b)  where more than 4 children are being transported at a time, a person aged 18 years or more, other than the driver, shall accompany those children in the vehicle used for transporting the children.

             (2)  Where children in a child care service are being walked to an outside activity away from the child care service premises, there shall be a sufficient number of supervising staff of that child care service to ensure that those children are safely and properly escorted to, from and at that activity.

Staff: health and safety

     23. (1) A licensee shall have for operators, staff and volunteers of a group child care centre and for family child care providers,

             (a)  a current record of immunization;

             (b)  a current certificate of conduct from the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police; and

             (c)  evidence that he or she has a current first aid certificate from an organization recognized by the department as being qualified to grant the certificate.

             (2)  Subsection (1) does not apply to a person who is employed by or volunteers at a child care service during a time when children are not in attendance at that child care service.

             (3)  Subsection (1) does not apply to a parent or guardian of a child attending a child care service unless that parent or guardian is considered to be a part of the adult to child ratio referred to in section 24.

             (4)  Information relating to child care providers, employees and volunteers who provide child care shall be retained on file at the premises of the child care service or agency to which it relates and that information shall be made available to an inspector upon his or her request for that information.

             (5)  A person shall not, without the consent of a director, destroy, alter, deface or obliterate an employee or other record referred to in this section.

             (6)  Where a child care service or an agency ceases operations, employee and other records referred to in this section shall be maintained and stored as required by the minister.

Ratios and group sizes

     24. (1) The following ratios of staff to children and child group sizes shall apply with respect to Group Child Care Centres:


Age of Child


Staff to Child Ratio


Maximum
Group Size

0 to 24 months

1 staff to 3 children

6 children

25 to 36 months

1 staff to 5 children

10 children

37 to 69 months

1 staff to 8 children

16 children

57 to 84 months and attending school

1 staff to 12 children

24 children

85 to 144 months

1 staff to 15 children

30 children

             (2)  For the purpose of this section, "staff" includes volunteers who are considered to be part of the ratio requirement under subsection (1) provided that volunteers meet the requirements which the minister may establish.

             (3)  In a group child care centre

             (a)  children aged from birth to 12 months shall not be included in a mixed age group; and

             (b)  in a mixed age group of children

                      (i)  where children who are more than 12 months and less than 69 months of age are attending, the age of the youngest child shall determine the staff to child ratio and group size, and

                     (ii)  where a group contains one or more children who are more than 69 months of age and attending school, the staff to child ratio and group size shall be determined by the next oldest age group to the youngest child in the group.

             (4)  All persons who provide child care at a child care service shall be 18 years of age or more.

             (5)  When calculating staff to child ratios, only staff who are actually supervising children shall be considered.

             (6)  The ratios of staff to children referred to in this section shall be maintained at all times.

Family child care

      25. (1) Where family child care provides child care to 4 to 6 children, including children of the family child care provider who are less than the age of 85 months, only 3 of the children may be between the ages of birth to 36 months and of these, only 2 may be between the ages of birth and 24 months.

             (2)  Where family child care is provided to children from birth to 24 months of age, including children of the family child care provider who are less than 85 months of age, there shall be no more than 3 children in that child care service.

Emergency replacement

     26. Where a child care service is operated by one licensee or by one person operating under an agency, the services of a second person who is more than 18 years of age must be immediately available in case of an emergency.

Qualifications of operators

      27. (1) A licensee who is an operator and an operator of a group child care centre shall have

             (a)  not less than a Level 2 certification in the preschool, school-age or infant-toddler age group classification for those age groups for which there is a licence for that group child care centre; and

             (b)  2 or more years of work experience in a licensed group child care centre in the classification of certification for which that person will be approved in the province or its equivalent from another jurisdiction.

             (2)  One of the years of work experience referred to in paragraph (1)(b) may be in an unlicensed setting with school aged children.

Staff qualifications

      28. (1) A home room shall have a lead staff person with not less than a Level 1 certification in the preschool, school-age or infant-toddler classification for the home room to which that staff person is assigned and not less than one year of work experience in that classification.

             (2)  A person employed in a group child care centre who is considered to be a part of the ratio of staff to children referred to in section 24 and who is not the lead staff person, shall have not less than an entry level certification in the preschool, school-age or infant-toddler classification for the home room or group of children to which that person is assigned.

             (3)  A volunteer in a group child care centre who is considered to be a part of the ratio of staff to children referred to in section 24 shall have a qualification which in the opinion of a director is equivalent to the entry level certification.

Family child care

      29. (1) An agency home visitor shall have

             (a)  not less than a Level 2 certification in the family child care classification; and

             (b)  not less than 2 years experience in a family child care setting.

             (2)  A person who offers a child care service in his or her home under the supervision of an agency or under his or her own licence shall have not less than an entry level certification.

Child care services consultants

      30. Where the department or a board employs a person as a child care services consultant to administer and monitor the licensing of child care services in the province or in a region under the jurisdiction of the board, that child care services consultant shall have

             (a)  a Level 4 certification; and

             (b)  not fewer than 3 years of working experience in a child care setting.

Equivalency

      31. Notwithstanding sections 27 to 30 the provincial director may determine a combination of education and experience as equivalent to the certification levels described in the Schedule.

Continuing education

      32. In order to keep a certification valid, the holder of that certification shall complete not less than 30 hours of professional development training or continued education within every 3 years of holding that certification.

Transitional education requirements

      33. (1) Notwithstanding sections 27 to 30, a person who, immediately before the coming into force of the Act, is employed as a child care provider in a day care licensed under the Day Care and Homemaker Services Act, may continue in that same capacity as a child care provider for not more than 4 years after the coming into force of the Act at which time the certification requirements of these regulations shall be considered to apply to that person.

             (2)  Notwithstanding sections 27 to 30 and subsection (1), a person approved as a group supervisor of a day care licensed under the Day Care and Homemaker Services Act for 10 or more years immediately before the coming into force of the Act shall, for that day care, be considered to hold the certification required of an operator under these regulations.

             (3)  The minister may require evidence that a person referred to in subsection (1) has commenced or completed the education and programs leading to the required certification.

Assistance

     34. (1) Financial assistance for the payment for a child care service may be granted to persons in need or persons likely to become in need in accordance with income and a needs test which the minister may determine or as described in the Social Assistance Regulations.

             (2)  Financial assistance, to be known as the child care fee subsidy shall be established for the province at a rate which the minister may determine.

Transitional

     35. (1) A group child care centre licensed under the Day Care and Homemaker Services Act in force immediately before the coming into force of the Child Care Services Act and having, on the day on which the Child Care Services Act comes into force, an enrolment of children who are

             (a)  more that 37 months and less than 69 months with more than 16 children in a group, may continue with that group to a maximum of 24 children; and

             (b)  more than 24 months and less than 69 months, who do not attend school, and with more than 10 children in a mixed age group, may continue with that group to a maximum of 15 children.

             (2)  Where a group child care centre referred to in subsection (1) changes its location, capacity, structure or age range of children, that child care service shall apply for a new licence under the Act.

             (3)  Where, immediately before the coming into force of the Act, a person provides child care to children aged from birth to 24 months, that person shall, after the coming into force of the Act have no more than 3 children in a group of children of that age.

Prohibition

      36. A child care service shall not use

             (a)  corporal punishment; and

             (b)  isolation from other children and adults,

as a means of disciplining or guiding a child.

Repeal

      37. The Day Care and Homemaker Services Regulations, Consolidated Newfoundland Regulation 1102/96, are repealed.

Commencement

      38. These regulations shall come into force on June 1, 1999.


                             Schedule

                      Child Care Service Certification

 

Classification

Entry Level

Level One

Level Two

Level Three

Level Four

Preschool

Preschool Orientation Course

*Early Childhood Education specific certificate

*ECE-specific diploma

Preschool Level 2 certification plus an ECE-specific or ECE-related post-diploma specialization
or
Preschool Level 1 certification plus an ECE-related university degree

ECE-specific university degree
or
A university degree plus an ECE diploma

 

School-age

Preschool plus School-age Orientation Course

Preschool Level 1 plus the School-age Orientation Course
or
Related certificate plus the Preschool and School-age Orientation courses

Preschool Level 2 plus the School-age Orientation Course
or
Related diploma plus the Preschool and School-age Orientation Course

School-age Level 2 certification plus a post-diploma school-age specialization

Infant-toddler

Entry level certification is not available in this classification.  All staff must hold a minimum of Level 1

Preschool Level 1 certification plus the Infant-toddler Orientation Course

Preschool Level 2 plus the Infant-toddler Orientation Course

Preschool Level 2 certification plus or including a post-diploma Infant-toddler specialization

Family Child Care

Family Child Care Orientation Course

Certificate in Family Child Care
or
ECE certificate plus Family Child Care Orientation

Family Child Care certificate plus ECE certificate
or
ECE diploma plus Family Child Care Orientation

Family Child Care certificate and ECE diploma