Interpretative Guide for Child Care Center Rules

1 Effective 11-01-2018. Interpretative Guide for Child care Center Rules The purpose of this Guide is to provide the licensing staff with a tool for determining compliance with a particular licensing rule. The Guide also provides information on the purpose of each rule as well as any special instructions necessary for compliance determination. Thus it should also serve as a useful document for Child care Center licensees to allow for a better understanding of the Rules in preparation for licensure and for on-going compliance. The Guide 's structure and order is the same as the Rules . The Guide is organized in the following format: The complete text of the Rules is first. The symbol is used to indicate the rule or the code. Following the rule is the intent' statement.

2 The intent statement summarizes the purpose of the rule the why' of the rule. The symbol is used to indicate the intent. Next is the assessment method'; this provides licensing staff guidance on the means for evaluating compliance with the rule. The symbol is used to indicate the assessment method. Last is the threshold of compliance ; this provides licensing staff guidance on determining whether or not a rule should be cited as non- compliant. The symbol is used to indicate the threshold of compliance. Please note that not all Rules have an Interpretative Guide and not all Interpretative guides have the three components. Licensees operating Child care centers are subject to both Indiana Code (IC) and Indiana Administrative Code (IAC). IC is statue or law created by the Indiana Legislature.

3 IAC is rule developed by the Indiana Family and Social Services Administration through the public process required by Indiana statue. For more information - Page 1 of 189. Effective 11-01-2018. TABLE OF CONTENTS. 470 IAC Rule Child care Centers General definitions Licensing requirements Child care Center license Application required Application for change of license Revocation or denial of license Civil penalties Criminal history check: required actions Inspections Emergency closure of Child care centers Reporting requirements; general Reporting requirements; serious consequences Reporting Child abuse or neglect Reporting communicable disease Personnel policies Enrollment policies Admission, discharge, arrival, and departure policies Parent communication Posted items Insurance Director qualifications Director responsibilities Administrator responsibilities Caregiver qualifications Lead caregiver qualifications Lead caregiver responsibilities Support staff Substitutes Volunteers Early childhood practicum students Visitors Staff orientation Basic first aid training Cardiopulmonary resuscitation training In-service staff training Children's admission records Signed consent forms Children's health records Children's injury records Children's medication records Staff, substitutes.

4 And volunteer records Emergency information file General records Confidentiality of records Attendance records Record retention Child /staff ratio chart Page 2 of 189. Effective 11-01-2018. Child /staff ratios and supervision Child grouping policies Grouping of children under 30 months of age Implementation of continuity of care Alternative mixed age groupings Rest periods Positive discipline Inappropriate discipline Discipline documentation General program components Basic schedule of activities General progam planning Written program plans Literacy development Coping with separation Educational equipment and materials Television Pets Playground and outdoor safety Critical height chart Playground design Playground and outdoor environment Water play areas Field trips Transportation in Child care Center owned or leased vehicles Transportation in other vehicles Transportation to school Food program Menus Meal times Meal components General

5 Meal guidelines Home style food service Picnics Special diets Vendor service Health program Adult health requirements Child health requirements Ill Child procedures Medication Communicable disease Universal precautions supplies Emergency equipment and procedures Evacuation procedures Child hygiene Diapering Disposable diapers Cloth diapers Toilet training Staff hygiene Page 3 of 189. Effective 11-01-2018. Building maintenance Poisons, chemicals, and hazardous items Electrical safety Combustible materials Emergency drills Furnace room Prohibited heat sources Heat, light, ventilation, and air conditioning Hallways, stairways, and exits Doors Garbage and refuse Indoor space Indoor furnishings Holiday decorations Bathrooms Water supply and plumbing Drinking water Kitchen and food preparation areas Manual dish washing Pest prevention Office and staff areas Infant/ toddler requirements Infant/ toddler room personnel Infant/ toddler charts and records Infant physical care toddler physical care Infant/ toddler grogram; general Infant program toddler program Infant/ toddler room furnishings.

6 General Infant room furnishings toddler room furnishings Infant/ toddler equipment; general Infant equipment toddler equipment Infant feeding Infant food preparation and storage Breast milk Infant milk Bottle sterilizing procedures Infant solid foods toddler feeding Infant/ toddler sleeping Infant room size Infant/ toddler rooms; general School age staffing School age grouping School age program and equipment Special needs staffing Special needs program Extended hours of operation Page 4 of 189. Effective 11-01-2018. Night care approval Night care staffing Night care Night care program and equipment Night care food service Ill Child care space requirement Existing licensed Child care centers IC Chapter 4. Regulation of Child care Centers Operation of Center without proper licensure; prohibition Conditions for licensing; waivers and variances Applying for licenses Drug testing Grounds for denial of license applications Incomplete applications Investigations of applicants Issuance of licenses Eligibility of variances Denial of licenses Investigation of unlicensed premises Expiration, transferability, display, and renewal of licenses; other information Provisional licenses Probationary licenses Inspections Cooperation by licensees Unscheduled visits by parents and guardians Supervision of children Records Immunizations Duties of Child care centers regarding missing Child reports Violations posing immediate threat to life or well-being of Child .

7 Orders Notice of enforcement actions; informal meetings Administrative hearings Procedure for administrative hearings Issuance of decisions Cessation of operations upon suspension of license Reinstatement of suspended licenses Actions of division following suspensions of licenses Cessation of operations upon revocation of license Notice of license revocation or suspension Judicial review Investigation of unlicensed facilities; injunctions; civil penalties; removal of children Expiration of injunctions for operation without a license Expiration of injunctions for creation of imminent danger Grounds for revocation of licenses Disciplinary sanctions Civil penalty for violation of article Violations of chapter Investigation of abuse or neglect; Child care Center Page 5 of 189.

8 Effective 11-01-2018. Rule Child care Centers; Licensing 470 IAC General definitions Authority: IC 12-13-5-3. Affected: IC ; IC 1. For the purpose of this rule only, the following definitions apply: (1) Accredited college or university means accreditation by accrediting agencies and associations that are recognized by the United States Secretary of Education. (2) Additional portion of food means one (1) extra helping of food. (3) Administrator means the person who is responsible for personnel, purchasing, fiscal, and maintenance of the Child care Center . (4) Admission means the process of entering a Child in a Child care Center . The date of admission is the first day that the Child is actually present at the Center . (5) Age appropriate means designed for the particular age of Child served.

9 (6) Attendance means children present in the Child care Center at any given time. (7) Capacity determination means the division will determine maximum capacity based on square footage by adding the capacities of the individual rooms/areas. The division compares the square footage capacity with the capacity based on the number of toilets and sinks. The lesser of these two (2) capacities determines the maximum capacity of the Center . Capacity for fire and building issues may be different. (8) Caregiver means the early childhood professional that is a qualified staff person providing direct care and education to children. (9) CDA refers to the Child Development Associate credential issued by the Council for Early Childhood Professional Recognition. (10) Center refers to the person or persons in the Child care Center designated by the licensee to be responsible for following each individual section of this rule.

10 (11) Child means any person under thirteen (13) years of age. (12) Child care Center has the meaning set forth in IC Intent: To provide a clear understanding of a Child care Center as a nonresidential building where at least one (1) Child receives Child care (1) while unattended by a parent, legal guardian, or custodian; (2) for regular compensation; and (3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10). consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. All centers meeting the definition that follows shall comply with provisions of this Rule IC Sec. Child care Center , for purposes of IC , means a nonresidential building where at least one (1) Child receives Child care from a provider: (1) while unattended by a parent, legal guardian, or custodian.