Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 160 - DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES › Chapter 002 - LEGALLY EXEMPT CHILD CARE PROVIDER REQUIREMENTS › Section 13 160 002 - LEGALLY EXEMPT CHILD CARE PROVIDER REQUIREMENTS

Current through June, 2024
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.