Purpose:
These requirements have been developed to provide for the protection, safety, and well being of children in a manner to complement the care provided by the child's parents.
These requirements assure that the Agency of Human Services, Departments of Social and Rehabilitation Services and Social Welfare, are in compliance with statutory requirements contained within Title VI of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) which requires assurance that standards addressing health, safety, prevention and control of infectious diseases, and building and physical premises are in place for subsidized, legally exempt child care and with Public Law 103-227, the Pro-Children Act of 1994 which prohibits smoking in any indoor facility used routinely or regularly for the provision of day care to children under the age of 18, if the services are funded by Federal grant, contracts or loan.
DEFINITIONS
Department - The Departments of Social Welfare (DSW) and Social and Rehabilitation Services (SRS) within the Agency of Human Services.
Legally Exempt Child Care Provider (Provider) - A person (1) who has obtained an Exempt Child Care Provider Certificate, (2) who is approved to provide legally exempt child care and (3) who is reimbursed for that care through the Agency of Human Services.
Parent - An adoptive or biological parent, stepparent or other person legally responsible for the care of the eligible child.
Certification - The process through which a person has, in writing, certified himself/herself to be in compliance with the Requirements for Legally Exempt Child Care and has been found by SRS not to have a report of child abuse/neglect substantiated against him or her or other demonstrated behavior or criminal record which would endanger children.
A Child - person who has not yet reached the age of thirteen (13) years.
Child With Special Health Needs - (a) A person under the age of nineteen (19) who is eligible for special education services in accordance with an Individualized Education Plan (IEP) or 504 Plan and who is not capable of safely caring for his/herself; or (b) A person who is age 13 or older who has a documented physical, emotional, or behavioral condition that precludes the person from providing self-care or being left unsupervised, as verified by the written report of a physician, licensed psychologist, or court records.
Legally Exempt Child Care - Care, protection and supervision of children on a regular or continuous basis for less than 24 hours a day by a person other than a parent of the eligible child(ren) which meets minimal health and safety standards and is provided to children whose families are eligible for child care subsidy through the Agency of Human Services.
Legally Exempt Child Care Provider Certificate - A written document that certifies the holder of the certificate has been approved by the Department as a person who provides legally exempt child care to a child of an eligible family.
LEGALLY EXEMPT CHILD CARE PROVIDER REQUIREMENTS
A. Qualifications 1. The Provider shall be physically and emotionally capable of performing activities normally involved in the provision of child care and in compliance with these requirements.2. The Provider shall be at least 18 years of age; or at least 16 years and have a high school diploma or GED or attend secondary school full time, with the exception of school vacations, and the provision of care is limited to hours which do not conflict or interfere with school attendance and is provided for not more than 20 hours per week, except during a regularly scheduled or emergency school closing.3. The Provider is not the eligible child's sibling, half-sibling, or stepsibling residing in the child's residence; not a parent of the eligible child without regard to where the parent resides; and, if eligible child is a member of an ANFC family unit, not a member of the same ANFC family unit.4. When Legally Exempt Child Care is provided in the provider's home, child care is limited to the children from no more than two families in addition to her (or his) own children.5. When Legally Exempt Child Care is provided in the child(ren)'s home, care is limited to that child(ren) and the provider's own children.B. Health & Safety 1. The following persons may not be providers, be present in, or reside in the home of the Provider: - a person found by the court to have committed fraud, a felony, or other offenses involving violence or unlawful sexual activity or other bodily injury to another person including, but not limited to, abuse, neglect or sexual activity with a child; or
- a person found by a court to have abused, neglected or mistreated a child;
- an adult(s) or child(ren) who has had a report of abuse or neglect substantiated against him or her under Chapter 49 or 69 of Title 33, Vermont Statutes Annotated.
2. The Provider shall obtain prior written permission from the child(ren)'s parent before leaving the child(ren) in the care of another person. If a legitimate emergency situation arises to which only the Provider can respond and such a situation prevents the Provider from being able to continue to provide child care; the Provider may leave a child(ren) for a short period of time in the care of another person known to the Provider without first obtaining written permission from the child(ren)'s parent. The Provider shall cause the parent to be notified of this action at the first practical opportunity.3. The Provider shall have knowledge of, account for the activities of, and remain in close proximity to the child(ren) at all times in order to assure immediate intervention to safeguard a child from harm.4. The Provider shall protect the child(ren) from any and all conditions which threaten a child's health, safety and well-being.5. The provider shall assure children in their care are not exposed to tobacco smoke during the hours the children are in care.6. Children shall not be subject to corporal punishment, including hitting, spanking, pinching, or be confined in a small enclosed or darkened area.7. Children under five years of age shall be restrained in a federally approved child restraint system while being transported in a vehicle. Children five years of age and older shall be restrained in a federally approved seat belt in accordance with state law while being transported in a vehicle.8. The Provider shall have adequate first aid supplies including syrup of ipecac and knowledge of how to use them.9. The Provider shall obtain written permission from the parent authorizing (1) emergency medical care for child(ren) and (2) prior to giving medication to children in care.C. Control of Infectious Disease 1. The parent shall certify in writing to the Provider that the children have had all age appropriate immunizations in accordance with the schedule recommended by the Vermont Department of Health.2. The Provider shall wash her (or his) hands and assure that the hands of children being cared for are washed at appropriate times.3. The Provider shall clean up blood and other bodily fluids with appropriate caution, protection and thoroughness.D. Building and Physical Premises Safety 1. The Provider shall certify in writing to the Department of Social and Rehabilitation Services that the premises in which the child care is to be provided has a functioning smoke detector and a 2-A: 10-B:C fire extinguisher.2. The Provider shall prevent child access to stoves, pools, poisons, wells, known vicious animals, weapons, medications, toxic chemicals, bodies of water and heating devices.E. Reporting Abuse and Neglect 1. The Provider shall report to SRS all instances of suspected child abuse and/or neglect as required by 33 VSA Chapter 14.F. Parental Access 1. The Provider shall give the child(ren)'s parent(s) unlimited access without delay to their child(ren) at any time the child(ren) are within the Provider's care.G. Certification 1. Certification of an applicant is complete when (1) the applicant has certified himself/herself to be in compliance with the Legally Exempt Child Care Requirements, and (2) the Department has not found the applicant, or any member of the applicant's household, to have a report of child abuse/neglect substantiated against him or her or other demonstrated behavior or criminal record which would endanger children.2. The State of Vermont shall provide each prospective Provider a printed copy of the Legally Exempt Child Care Requirements and relevant forms, including the release to the Department to conduct the abuse registry and criminal records screening.3. The Provider shall be notified in writing by the local child care resource agency about child care training to be offered.4. The Provider is chosen by the parent, and the State of Vermont subsidizes the parent's child care expenses. At no time shall the Provider be considered an employee of the State of Vermont.5. At the discretion of the Agency of Human Services, subsidy payment(s) for child care provided by a Provider may be made to either the Provider or parent.6. If an application to become a Provider is denied or the certificate is revoked, that decision may be appealed to the Human Services Board. Such appeal must be made within 30 days of the mailing date of the denial notice.7. The Department may impose conditions on the Legally Exempt Child Care Provider Certificate when circumstances warrant.8. The SRS or DSW Commissioner, or his or her designee, may grant a variance to these requirements under unique and exceptional circumstances when literal application of a part of these requirements will result in an unnecessary hardship and the intent of the requirement can be achieved by other means.13-002 Code Vt. R. 13-160-002-X
Effective Date: October 7, 1996 (Secretary of State Rule Log #96-60)
AMENDED: July 1, 1998 (Secretary of State Rule Log #98-32)Statutory Authority: 3 V.S.A. § 3053(5)