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Newfoundland Regulation 2000


NEWFOUNDLAND REGULATION 1/00

NEWFOUNDLAND REGULATION 1/00

Child Care Services Regulations
(Amendment)
under the
Child Care Services Act

(Filed January 4, 2000)

Under the authority of sections 3 and 16 of the Child Care Services Act, the minister makes the following regulations.

Dated at St. John's, December 23, 1999.

Joan Marie Aylward
Minister of Health and Community Services

REGULATIONS

Analysis


        1.   S.4(1) R&S
Insurance

        2.   Ss.13(5) & (6) R&S
Health and safety

        3.   S.24(3)(b) R&S
Ratio and group sizes

        4.   S.25 R&S
Family child care

        5.   S.35(1) R&S
Transitional provision


NR 37/99

        1. Subsection 4(1) of the Child Care Services Regulations is repealed and the following substituted:

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 or equivalent as required by the provincial director.

 

        2. Subsections 13(5) and (6) of the regulations are repealed and the following  substituted:

             (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.

             (6)  A person providing care to a child in a child care service shall administer a non-prescription medication to the child only as directed by a physician, dentist or nurse practitioner.

             (7)  Notwithstanding subsection (6), a person providing care to a child in a child care service shall administer non-prescription fever-reducing medication to the child with the prior consent of a parent of the child.

             (8)  Medication shall be kept in a safe, secure and appropriate place and those records with respect to the medication and its administration that the minister may require shall be maintained.

 

        3. Paragraph 24(3)(b) of the regulations is repealed and the following substituted:

             (b)  notwithstanding subsection (1), in a group of children made up of more than one category of age group as set out in subsection (1), commonly known as a mixed age 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,

                     (ii)  where the group consists of children ages 25 to 84 months, the maximum group size shall be 14 with an adult to child ratio of one to 7, but the group shall not comprise more than 4 children ages 25 to 36 months,

                    (iii)  where the group consists of children ages 37 to 144 months, the maximum group size shall be 16 with an adult to child ratio of one to 8, but the group shall not comprise more than 4 children ages 85 to 144 months, and

                    (iv)  where the group consists of children ages 57 to 144 months, the maximum group size shall be 30 with an adult to child ratio of one to 15, but the group shall not comprise more than 12 children ages 57 to 84 months who are entitled to attend school.

 

        4. Section 25 of the regulations is repealed and the following substituted:

Family child care

      25. (1) A person providing family child care shall not provide child care to more than 6 children at a time, but that number does not include the person's own children who are entitled to attend, and are in all day attendance at, school during the school year.

             (2)  In every group of children to whom a person providing family child care provides child care, no more than 3 children shall be below the age of 36 months and no more than 2 of those 3 children shall be between the ages of birth and 24 months.

             (3)  Notwithstanding subsection (2), a person providing family child care may provide child care to 3 children between the ages of birth and 24 months, but the person shall not provide care to more than those 3 children at a time.

             (4)  Notwithstanding subsection (1), the director may permit a person providing family child care to provide care to 2 additional children who are entitled to attend school where 2 of the children to whom the person provides care are his or her own children who are not entitled to attend school.

             (5)  Where a director believes that the care of children would not be detrimentally affected by doing so, the director may permit a person providing family child care to provide care to a seventh child where the care is provided

             (a)  for no longer than 1.5 hours once a day; or

             (b)  for a continuous period of 12 hours once a week.

             (6)  A director shall not give an exemption under subsection (4) and a permission under subsection (5) to a person providing family child care so that the person would have the exemption and the permission at the same time.

             (7)  An exemption given under subsection (4) or a permission given under subsection (5) shall not affect the composition of a group of children as set out in subsection (2).

 

        5. Subsection 35(1) of the regulations is repealed and the following substituted:

Transitional

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

             (a)  more than 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;

             (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;

             (c)  a group comprising more than 10 children who are between the ages of 24 and 144 months may continue with that age group to a maximum of 16 children, but the adult to child ratio shall be one to 8, no more than 4 children shall be between 25 and 36 months and no more than 4 children shall be between 85 to 144 months; and

             (d)  a group comprising more than 16 children who are between the ages of 37 and 144 months may continue with that age group to a maximum of 24 children, but the adult to child ratio shall be one to 8 and no more than 4 children shall be 85 to 144 months.