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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1102/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1102/96

Day Care and Homemaker Services Regulations
under the
Day Care and Homemaker Services Act
(O.C. 96‑810)

Under the authority of section 19 of the Day Care and Homemaker Services Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application for licence

        4.   Form of licence

        5.   Renewal of licence

        6.   Periodic inspections

        7.   Records to be kept

        8.   Discrimination prohibited

        9.   Age of children

      10.   Notification of parents

      11.   Records kept after discharge

      12.   Admissions committee

      13.   Information to be provided

      14.   Maximum children

      15.   Records confidential

      16.   Building and accommodation

      17.   Location of young children

      18.   Outdoor playground space

      19.   Equipment and furnishings

      20.   Maintenance of a day care centre

      21.   Health and medical supervision

      22.   Management of child's illness

      23.   Knowledge of first aid required

      24.   Record of drugs and medicines

      25.   Daily procedures

      26.   Supervision required

      27.   Corporal punishment prohibited

      28.   Operating hours

      29.   Grouping and supervision

      30.   Male identification figures

      31.   Television usage

      32.   Responsibilities of operator

      33.   Isolation prohibited

      34.   Parental visitation

      35.   Identification of children

      36.   Fire and emergency procedures

      37.   Whereabouts of children

      38.   Register to be kept

      39.   Nutritional procedures

      40.   Operator's duties re food

      41.   Transportation procedures

      42.   Staffing

      43.   Group supervisor operator

      44.   Suitability for employment

      45.   Training requirements

      46.   Participation in training programs

      47.   Medical fitness of staff

      48.   Staff health

      49.   Number of children enrolled

      50.   Sole operators

      51.   Financial records and returns

      52.   Records confidential

      53.   Insurance requirements

      54.   Fee for service

      55.   Provincial funding

      56.   Eligibility for fee subsidization

      57.   Repeal


Short title

        1. These regulations may be cited as the Day Care and Homemaker Services Regulations.

219/82 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Day Care and Homemaker Services Act;

             (b)  "board" means the Day Care and Homemaker Services Board;

             (c)  "day care centre" means a building or part of a building in which day care is provided for 5 or more children including children of staff members who are attending the centre;

             (d)  "group supervisor" means the person responsible for the supervision of staff in a day care centre or homemaker services agency;

             (e)  "inspector" means an inspector appointed for the purpose of the Act and includes social workers employed by the Department of Social Services;

              (f)  "licence" means a valid and subsisting licence issued under the Act for the operation of a day care centre or homemaker service;

             (g)  "licensee" means the holder of a valid and subsisting licence issued under the Act; and

             (h)  "minister" means the minister appointed under the Executive Council Act to administer the Act.

219/82 s2

Application for licence

        3. (1) An application for a licence shall be made to the director in a form that the board may specify.

             (2)  Except as provided in subsection (3), a person who applies for a licence for a day care centre under subsection (1) shall furnish with his or her application

             (a)  a simple floor plan of each building to be used by the licensee as a day care centre showing

                      (i)  the general arrangement of each building, including the type of construction, the location of toilet facilities, entrances and exits and the heating, lighting, ventilation and water facilities of the centre, and

                     (ii)  the fixed equipment in each room;

             (b)  a letter from the appropriate officials of the Public Health Inspection Services Division of the Department of Health certifying that the premises meet all the requirements in respect of health and general sanitation;

             (c)  a letter from the fire commissioner or his or her appropriate official representative certifying that the premises meet all of the requirements of a statute, regulation or by‑law relating to the protection from fire of persons using the premises;

             (d)  location of the proposed day care centre;

             (e)  name, address and age of the applicant, including the capacity in which the applicant will be associated with the centre;

              (f)  name and qualifications of persons in charge;

             (g)  date of incorporation under the Corporations Act if the applicant is a body corporate;

             (h)  program to be offered, ages to be served and methods of discipline to be administered;

              (i)  total revenue and expenditure for the past year if required by the board;

              (j)  a letter from the municipality indicating that the operation of the day care centre does not conflict with a by‑law or ordinance of the town or municipality in which the day care centre is located;

             (k)  proof of comprehensive general liability insurance;

              (l)  other information that the board may require.

             (3)  Where in the opinion of the board a day care centre is to be operated for less than 6 months' duration and for special cause and where a day care centre functions for a period of 9 or less hours per week, the board may exempt those centres from a regulation or requirement it may consider appropriate and the application procedure shall be amended to reflect that decision.

             (4)  Other provisions of these regulations shall not be considered to apply to day care centres licensed under subsection (3).

219/82 s3; 1992 cF‑7.1 s6

Form of licence

        4. (1) A licence shall be in the form that the board may prescribe and shall

             (a)  state on it the date on which it expires, which date shall not be more than 3 years following the date of the issuance of the licence;

             (b)  be non‑assignable either as to licensee or premises; and

             (c)  if a day care centre, designate the maximum number of children that may be accommodated in or upon the premises at any one time and their age limits.

             (2)  A licence may contain conditions as prescribed by the board under paragraph 10(a) of the Act.

219/82 s3; 9/91 s1

Renewal of licence

        5. A licensee shall apply in writing for renewal of the licence before the expiration on an annual basis, if that renewal is desired by the licensee, and the application shall be accompanied by

             (a)  a letter from the appropriate official of the Public Health Inspection Services Division;

             (b)  a letter from the fire commissioner or his or her official representative;

             (c)  proof of comprehensive general liability insurance; and

             (d)  other information that the board may require.

219/82 s5; 9/91 s2

Periodic inspections

        6. (1) The inspectors shall make periodic inspections of each licensed day care centre and homemaker service but in no case shall the period between inspections be more than 6 months.

             (2)  The inspectors shall report their findings in writing to the director.

219/82 s6

Records to be kept

        7. The operator of a day care centre shall keep records in a form prescribed by and to the satisfaction of the director including

             (a)  an application for enrolment by the parents or guardians of the child;

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

             (c)  the name and address of the parents or guardian as well as the place at which the parent or guardian may be reached in the event of an emergency;

             (d)  the date of admission or enrolment;

             (e)  the date of discharge, removal from enrolment or death;

              (f)  the name and address of the child's physician;

             (g)  the daily attendance of each child;

             (h)  a record of the child's communicable diseases and immunizations;

              (i)  particulars of the health of every child with emphasis on special requirements or medical treatments;

              (j)  consent forms from parents or guardians to cover emergencies; and

             (k)  consent forms from parents or guardians to cover outings.

219/82 s7

Discrimination prohibited

        8. A child shall not be refused admission to a day care centre because of race, colour, creed, sex or socio‑economic background.

219/82 s8

Age of children

        9. Children admitted to a day care centre shall be between the ages of 2 and 6 years and children from 6 to 12 years may be admitted on a part‑time basis after school hours or during vacation or in special circumstances with the consent of the director.

219/82 s9

Notification of parents

     10. In the case of major sickness or death of a child, the operator of a day care centre shall give or cause to be given immediately notice of that sickness or death to the parents or guardian or the placing agency responsible for the child and to the director.

219/82 s10

Records kept after discharge

     11. A person shall not, without the consent of the director, destroy, alter, deface or obliterate an entry respecting a child in a register within 2 years of the discharge of the child.

219/82 s11

Admissions committee

     12. An organization, including a voluntary organization, operating a day care centre shall appoint an admissions committee responsible for the selection of children to its day care centre which will consist of not less than 3 persons but not more than 5, one of whom shall be from the health and social welfare field.

219/82 s12

Information to be provided

     13. All parents or guardians upon admission of a child to a day care centre shall be provided with a copy of the Act and regulations or a brochure summarizing the Act and regulations.

219/82 s13

Maximum children

     14. The maximum number of children to be accommodated at any one time in a day care centre shall be 50.

219/82 s14

Records confidential

     15. All records concerning recipients of day care or homemaker services shall be kept confidential.

219/82 s15

Building and accommodation

     16. (1) Before a new building is erected or an existing building is used or altered or renovated for use as a day care centre, the building plans must be approved by the board.

             (2)  Plans approved under subsection (1) shall provide for

             (a)  a playroom having not less than 3.3 square metres of floor space for each child received for care and where there are more than 25 children in attendance, provision must be made for 2 separate activity rooms having a combined area of not less than 3.3 square metres of floor space for each child;

             (b)  washroom facilities that conform with the requirements of the Public Health Inspection Services Division of the Department of Health;

             (c)  an office, if possible;

             (d)  a room for the supervising staff, if possible;

             (e)  an area with dividers for the temporary isolation of children in case of illness, containing a bed and other necessary equipment and medical supplies;

              (f)  adequate storage space for food, beds, bedding, cleaning equipment and medical supplies;

             (g)  where there are children

                      (i)  from 2 to 6 years in full‑time attendance, a separate cot or resting pad clearly marked with the child's name must be provided with a minimum of 2.3 square metres of space dividing each child in the sleeping area,

                     (ii)  from 6 to 12 years in attendance, comparable sleeping accommodations to those referred to in subparagraph (i) shall be provided where necessary;

             (h)  a compact layout of the rooms conducive to easy supervision of children and avoiding unnecessary halls and corridors;

              (i)  a separate room to be maintained as a quiet area, for resting and for temporary isolation, where the day care centre is located in a private dwelling which shall not be included for the purpose of calculating play space;

              (j)  adequate ventilation, lighting and heating in all rooms;

             (k)  walls, ceilings and floors to be finished in attractive colours and with materials that are easily washable and non‑toxic;

              (l)  adequate protection for children with respect to exits, windows, radiators and other heating equipment or hazards; and

            (m)  an adequate supply of potable water.

219/82 s16

Location of young children

     17. Rooms for the use of children who are between the ages of 2 years and 6 years, both inclusive, shall not be located above the second floor of a building except with the written consent of the director.

219/82 s17

Outdoor playground space

     18. Every day care centre shall have available to it outdoor playground space which, in the opinion of the board, is of a suitable size for the number of children in attendance and which shall be

             (a)  maintained in a safe and sanitary condition;

             (b)  shaped so that constant supervision of the children is possible;

             (c)  suitably surfaced and drained.

219/82 s18

Equipment and furnishings

     19. (1) The equipment and furnishings of a day care centre shall include

             (a)  tables and chairs of a size suitable for the children enrolled;

             (b)  storage space to make play equipment easily available to the children;

             (c)  play materials and equipment in sufficient quantity for the number of children enrolled and of a type suitable for the ages of the children enrolled;

             (d)  individual washcloths, towels and drinking cups which may be disposable;

             (e)  individual combs and toothbrushes, which may be provided by the parents or guardian;

              (f)  individual cubicles or hooks arranged in a manner so that each child's clothing can be kept separate and within easy reach of the child;

             (g)  moisture‑resistant material to cover mattresses or resting pads;

             (h)  washable covers for canvas cots;

              (i)  sufficient blankets, individually marked, sufficient clean linens and bed coverings which may be of disposable nature and which may be provided by the parents or guardian to allow for regular change and for change as they become soiled;

              (j)  suitable furnishings in the office and staff rooms for the efficient administration of the centre and for the adequate comfort of the staff wherever possible;

             (k)  a sturdy, easily cleanable changing table or centre of appropriate height for children in diapers;

              (l)  nursery seats and steps or platforms must be provided for the use of children if child sized toilets and wash basins are not available; and

            (m)  a minimum of one telephone in good operating order.

             (2)  Play materials referred to in paragraph (1)(c) shall be

             (a)  made of non‑toxic materials; and

             (b)  free of sharp edges.

             (3)  If a change table or centre referred to in paragraph (1)(k) is to be used to change more than one child, it shall be equipped with disposable paper sheetings.

219/82 s19

Maintenance of a day care centre

     20. (1) The operator shall ensure that the day care centre and its furnishings, including toys, are

             (a)  kept in a clean and sanitary condition;

             (b)  vacuumed and dusted at times when the rooms are not occupied by the children;

             (c)  kept in a good state of repair in respect of premises and equipment;

             (d)  adequately lighted, heated and ventilated while being used by the children; and

             (e)  free from insects, pests and rodents.

             (2)  Disposable diapers shall be used in the day care centre wherever possible and the children and their clothing and bedding must be kept dry and clean at all times.

219/82 s20

Health and medical supervision

     21. (1) Every child shall have a medical examination arranged and paid for by the parents or legal guardian immediately before admission to a day care centre and annually after that.

             (2)  Records of medical examination referred to in subsection (1) shall be included in the records of the day care centre.

219/82 s21

Management of child's illness

     22. (1) Every child shall be observed daily by staff for symptoms of communicable diseases and ill health.

             (2)  If the observation reveals that the child has symptoms of a communicable disease or ill health, the child shall not be permitted to associate with other children in the day care centre.

             (3)  If a child in a day care centre develops symptoms of illness, he or she shall be isolated from the other children in an area reserved for this purpose until he or she can be seen by a physician or public health nurse or until he or she can be safely removed.

             (4)  When accident, serious illness or communicable disease occurs, the supervisor of the day care centre shall secure the necessary medical assistance immediately.

             (5)  All communicable diseases observed by or learned of by staff shall be reported immediately to the district medical officer or public health nurse.

             (6)  There shall be kept readily available in each day care centre a first aid kit, the content of which shall comply with standards set by the St. John Ambulance Association.

             (7)  If a child in attendance is required to take prescribed drugs or medicines, then the operator may administer these with the consent of the parents and with the instructions of the parents or a qualified medical practitioner or a public health nurse.

             (8)  Drugs or medicines referred to in subsection (7) shall be carefully labelled with the child's name, date and instructions and kept in a locked cabinet unless requiring refrigeration.

219/82 s22

Knowledge of first aid required

     23. All staff members who work with the children shall have a basic knowledge of first aid.

219/82 s23

Record of drugs and medicines

     24. The operator shall keep a daily record of the administration of drugs and medicines to the children requiring them.

219/82 s24

Daily procedures

     25. (1) The operator shall establish a flexible schedule of programs suited to the ages of the children in attendance.

             (2)  The daily program shall provide experiences designed to stimulate and facilitate intellectual development, materials to stimulate perceptual development, activities which will encourage language development and periods of free play to allow for creative expression and freedom of choice.

             (3)  The time table shall be available for inspection at all times and shall list the programs of outdoor and indoor play, toilet and washroom routine and meal and rest periods.

             (4)  The daily program for the children in the day care centre shall be submitted to the director for approval and must be conducted so that

             (a)  each child plays outdoors for some time during the day, unless otherwise advised by a physician or public health nurse or unless weather is unsuitable;

             (b)  each child has a rest period suitable to the age of the child;

             (c)  children are organized into play groups appropriate to their age and level of maturity;

             (d)  the program conforms with other standards established by the director.

219/82 s25

Supervision required

     26. Children in attendance are not to be left without staff supervision.

219/82 s26

Corporal punishment prohibited

     27. Corporal punishment of the children in day care centres is prohibited.

219/82 s27

Operating hours

     28. (1) A day care centre shall only provide services to children between the hours of 7:30 a.m. and 5:30 p.m.

             (2)  Notwithstanding subsection (1), a day care centre may operate between the hours of 6:30 a.m. and 8:15 p.m. in order to provide services to children of parents or guardians whose employment or training schedules require these services.

             (3)  A day care centre may accept children for the duration of parents' or guardians' daily employment or training schedules including a reasonable period of travel time referred to in subsection (2), but in no event shall the total period of time be greater than 13 hours.

             (4)  A child shall only be provided with more than 3 consecutive days of day care services of greater than 10 hours with the prior approval of the director or a representative of the director.

             (5)  A day care centre which operates for extended hours in accordance with subsection (2) shall have a qualified supervisor in attendance at all times between the hours of

             (a)  9:00 a.m.4:00 p.m.; and

             (b)  4:00 p.m.8:15 p.m.

             (6)  A day care centre shall not provide overnight care to children.

             (7)  A day care centre offering a full‑time program

             (a)  in which children arrive before 7:30 a.m. shall provide breakfast for those children; and

             (b)  in which children attend after 5:30 p.m. shall provide a light supper for those children,

both meals being in accordance with guidelines of the Department of Health.

             (8)  Notwithstanding subsection 49(1), a day care centre offering a full‑time program in which children are in attendance after 5:30 p.m. shall have a ratio of one staff member to 6 children after that time.

63/93 s1

Grouping and supervision

     29. Grouping the same children for the major portion of the day shall be encouraged and care and supervision by the same worker shall be encouraged.

219/82 s29

Male identification figures

     30. (1) Efforts shall be made to provide the children with male identification figures while in the day care centre.

             (2)  Efforts referred to in subsection (1) may include

             (a)  providing for visits to centres where men work;

             (b)  employment of male personnel, where feasible; and

             (c)  the encouragement of male volunteers.

219/82 s30

Television usage

     31. Television sets shall only be used for viewing educational programs designated for pre‑school children and staff members should participate in the viewing and make every effort to capitalize on the viewing for the children.

219/82 s31

Responsibilities of operator

     32. (1) The operator shall be responsible for

             (a)  the necessary physical care of the child;

             (b)  fostering the child's social and sensory‑motor development;

             (c)  providing for undisturbed sleep and feeding periods as required; and

             (d)  facilitating active involvement with the children in a planned program of activities.

219/82 s32

Isolation prohibited

     33. Isolation of a child in an area by himself or herself for purposes of punishment is prohibited.

219/82 s33

Parental visitation

     34. Efforts shall be made to encourage parents to visit their children in the day care centre.

219/82 s34

Identification of children

     35. All children, until they are able to give their name, shall wear some form of identifying tag or marker that provides this information.

219/82 s35

Fire and emergency procedures

     36. (1) In every day care centre, a regular fire drill shall be carried out once a month.

             (2)  The supervisor of every day care centre shall

             (a)  assign in writing to each staff member; and

             (b)  post in a conspicuous place in the day care centre,

specific duties respecting fire drills.

             (3)  The addresses and telephone numbers of staff members, substitute staff, taxi, ambulance, hospital, fire department, police, and other emergency information shall be listed on a card posted in a conspicuous place in the day care centre.

219/82 s36

Whereabouts of children

     37. The supervisor shall be responsible for accounting for the whereabouts of each child in attendance at the day care centre at all times and in his or her absence shall delegate this responsibility to another staff member.

219/82 s37

Register to be kept

     38. The operator shall keep a register listing the names of each child in attendance at the day care centre and the register shall be available for inspection at all times.

219/82 s38

Nutritional procedures

     39. The operator shall ensure that each child receives

             (a)  a mid‑day meal consisting of at least one food from each of the 5 main food groups; milk and dairy products, fruit, vegetables, bread and cereals, and meat and fish;

             (b)  a nourishing snack consisting of at least a serving of milk or juice or fruit during the morning and afternoon; and

             (c)  a light supper if a child is to be in the day care centre later than 6:00 p.m.

219/82 s39

Operator's duties re food

     40. The operator of a day care centre will ensure that

             (a)  food preparation is supervised by a person with knowledge of the nutritional needs and eating habits of young children;

             (b)  menus are prepared at least one week in advance and are available for inspection;

             (c)  equipment and facilities involved with the preparation and serving of food are provided in accordance with the requirements of the Food Premises Regulations made under the authority of the Food and Drug Act;

             (d)  proper sanitary precautions are observed and maintained at all times in accordance with the standards of the Public Health Inspection Services Division of the Department of Health.

219/82 s40

Transportation procedures

     41. (1) Every person who is the driver of a vehicle operated by or for a day care centre for the purpose of transporting children shall be a responsible licensed person.

             (2)  The driver of a vehicle operated by or for a day care centre shall deliver every child transported in the vehicle to a member of the day care centre staff or to the parent of the child or to the person appointed by the parent.

             (3)  When more than 2 children under 5 years are transported in a vehicle operated by or for a day care centre, the driver of the vehicle shall be accompanied by another adult.

             (4)  The operator of a day care centre shall ensure that a vehicle operated for or by the day care centre is covered by an automobile insurance policy that carries an endorsement to transport passengers.

219/82 s41

Staffing

     42. (1) The board may prescribe classifications of persons who may be employed in a day care centre and in a homemaker service agency and may establish standards for issuing certificates to persons who have attained the required standards.

             (2)  A certificate issued under subsection (1) shall be in full force and effect until it is suspended or revoked by the board.

             (3)  The certificates and record of examination shall be filed in the day care centre or the homemaker service.

219/82 s42

Group supervisor operator

     43. Every homemaker and day care service shall have a group supervisor operator who has been approved by the board as meeting the minimum qualifications in that he or she has suitable training and experience, demonstrates management skills, is of suitable age and health and fulfils other requirements the board considers necessary.

219/82 s43

Suitability for employment

     44. All homemakers and workers in a day care centre shall, in the opinion of the board, be persons who are suitable to employ in terms of their training and experience, age, health and other requirements considered necessary by the board.

219/82 s44

Training requirements

     45. Training of staff for homemaker services and day care centres shall be

             (a)  comprised of a curriculum related to the learning abilities and needs of homemakers and day care centre workers; and

             (b)  offered through accredited academic and vocational institutions or through qualified persons providing courses of instruction related to these professions.

219/82 s45

Participation in training programs

     46. All staff shall be encouraged to participate in training programs offered in the community or through in‑service courses.

219/82 s46

Medical fitness of staff

     47. (1) All staff including volunteers of homemaker and day care services, before being permitted to work, shall obtain from a physician a certificate that they are physically and mentally fit.

             (2)  All staff are required to be medically examined where in the opinion of the director it is considered to be necessary.

219/82 s47

Staff health

     48. (1) The operator of the day care centre or homemaker service is responsible for good standards of health of the staff and shall request medical examinations and other examinations where it is considered advisable.

             (2)  The certificates and records of medical examination of all staff shall be filed in the day care centre or the homemaker service.

             (3)  An operator shall not knowingly employ in the day care centre or homemaker service a person suffering from, or a carrier of, a communicable disease.

219/82 s48

Number of children enrolled

     49. (1) In day care centres the maximum number of children enrolled shall be determined by the available space and the number of staff specified by this section

             (a)  the ratio of supervising staff to children aged 2 years shall be a minimum of one staff member to 6 children;

             (b)  the ratio of staff to children of ages 3 to 6 years inclusive shall be a minimum of one staff member to 8 children;

             (c)  the ratio of staff to children of over 6 years shall be no lower than one staff member to 15 children.

             (2)  In calculating ratios of supervising staff to children, support staff considered necessary for the maintenance of and food preparation in the centre shall not be included.

219/82 s49

Sole operators

     50. Where a day care centre is being operated by one person the services of a second person must always be available in case of an emergency.

219/82 s50

Financial records and returns

     51. Every day care centre or homemaker service receiving government subsidy shall

             (a)  keep financial records according to generally accepted accounting principles;

             (b)  make available annually to the director audited financial statements.

219/82 s51

Records confidential

     52. All records of day care and homemaker services shall be kept confidential.

219/82 s52

Insurance requirements

     53. All day care centres and homemaker services must possess comprehensive general liability insurance which list the Day Care and Homemaker Services Licensing Board as an interested third party and which, in value, shall be not less than

             (a)  in the case of a day care centre, $250,000;

             (b)  in the case of a homemaker service, $500,000.

219/82 s53

Fee for service

     54. The schedule of the fees for services whether hourly, daily or weekly shall be determined by the agency, department or person providing the service.

219/82 s54

Provincial funding

     55. When provincial funding is requested, each fee schedule shall be presented to the director who will submit the fee to the minister for approval.

219/82 s55

Eligibility for fee subsidization

     56. (1) Assistance with the purchase of day care and homemaker services may be granted to persons in need or persons likely to become in need in accordance with the provisions of the Canada Assistance Plan with respect to financial eligibility and social needs.

             (2)  The amount of assistance which shall be granted to a person in need will be related to the applicant's family income, gross income of both applicant and spouse, less voluntary deductions at source, in accordance with an income test prescribed by the minister.

             (3)  Liquid assets in excess of $2,500 are considered income for the purposes of determining the applicant's family income.

             (4)  In this section, liquid assets mean

             (a)  cash on hand and in the bank;

             (b)  readily marketable securities; and

             (c)  investments in companies.

             (5)  If an applicant fails to qualify for assistance under subsection (2), assistance may be granted to that applicant if that applicant qualified on the needs test based on provincial social assistance requirements.

219/82 s56

Repeal

      57. The Day Care and Homemaker Services Regulations, 1982, Newfoundland Regulation 219/82, are repealed.