Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 162 - DIVISION OF LICENSING AND REGULATION › Chapter 009 - CHILDREN'S DAY CARE LICENSING REGULATIONS FOR NON-RECURRING CLIENTELE › Section 13 162 009 - CHILDREN'S DAY CARE LICENSING REGULATIONS FOR NON-RECURRING CLIENTELE

Current through June, 2024
Mission
The Mission of the Child Care Services Division is to assure
				  a statewide system that promotes and supports safe, accessible, quality child
				  care for Vermont families.
Agency of Human Services
Department of Social and Rehabilitation Services
Child Care Services Division
Child Care Licensing
103 South Main Street
Waterbury, VT 05671-2901
Telephone (802) 241-3110
Effective March 24, 1998
DEFINITIONS
For purposes of these regulations, words and phrases shall
				  have their common meaning unless otherwise defined here.
APPLICATION - An official form provided by the Division which
				  when completed and signed by the applicant is a request for a day care
				  license.
CAREGIVER - The person who is responsible for facilitating
				  the physical, cognitive, social and emotional growth and development of
				  children in her/his care and is counted in the adult/child ratio. The director,
				  head teachers, teachers, assistants, human service graduates and human services
				  coop students may all be caregivers.
CHILD - Person who has not yet reached the age of sixteen
				  years.
CHILD CARE - The developmentally appropriate care, protection
				  and supervision of which is designed to ensure wholesome growth and educational
				  experiences for children outside of their homes for periods of less than 24
				  hours a day in a day care facility.
COMMISSIONER - Commissioner of the Department of Social and
				  Rehabilitation Services or his/her designee.
CONDITIONS OF THE LICENSE - Requirements that must be met in
				  order to retain a license.
CORPORAL PUNISHMENT - The intentional infliction of pain by
				  any means for the purpose of punishment, correction, discipline, instruction or
				  any reason.
DAY CARE FACILITY - Any place, operated as a business or
				  service on a regular or continuous basis whether for compensation or not, which
				  provides child care. Used inter-changeably with the term Early Childhood
				  Program (ECP) and child care facility.
DAY CARE SERVICES TO NON-RECURRING CLIENTELE - Those day care
				  services provided specifically to meet the short-term needs of families arising
				  from tourism, recreation or shopping. These day care facilities are often
				  located at or near recreational areas, hotels, motels, lodges or shopping
				  centers.
DEPARTMENT - The Vermont Department of Social and
				  Rehabilitation Services, Agency of Human Services and/or its agent(s).
DEVELOPMENTALLY APPROPRIATE - Activities and supports which
				  meet the individual needs (physical, emotional, social and cognitive) of each
				  child, and which include a balance of adult directed and child initiated
				  activities.
DIRECTOR - The staff person responsible for the overall
				  operation of the facility.
DISCIPLINE - A process of guiding children to develop
				  internal prosocial behavior through the supportive consistent use of the
				  following: modeling appropriate behavior, praise, active listening, limit
				  setting, reinvolvement, and modifying the environment.
DIVISION - The Child Care Services Division of the Vermont
				  Department of Social and Rehabilitation Services.
EARLY CHILDHOOD PROGRAM - A licensed day care facility whose
				  services are designed to ensure that children are provided with wholesome
				  growth and educational experiences. Used interchangeably with the term ECP or
				  Day Care Facility.
EDUCATIONAL - Programming which serves to impart knowledge or
				  skill and which is appropriate to the developmental level of the child.
FACILITY - See definition for Day Care Facility.
GROUP - The number of children assigned to a
				  teacher/caregiver or team of staff members who meet together regularly and can
				  be identified with one another as being distinct from the larger population of
				  children in care.
HEAD TEACHER - The staff person who possesses the
				  qualifications for the position of Head Teacher and responsible for the
				  development/implementation of the program curriculum, support and supervision
				  of teaching staff.
HIGHER EDUCATION COURSE - A three credit course or equivalent
				  which could apply toward acquiring a post secondary degree in Early Childhood
				  Education, Elementary Education, Human Development or other related
				  field.
HUMAN SERVICES COOP STUDENT - A person 17 years of age who is
				  (1) enrolled in a vocational/technical center approved by the State Board of
				  Education, (2) has successfully completed at least one semester of early
				  childhood course work or a minimum of 180 hours in child development theory and
				  lab school practice.
HUMAN SERVICES GRADUATE - A person 17 years of age who has
				  received a certificate of completion from a vocational/technical center human
				  services program, emphasizing child development/early childhood education, and
				  approved by the State Board of Education.
INFANTS - Children between the ages of 6 weeks and 16 months.
				  Regulations applying to infant programs are identified by the letter I which
				  appears in the left margin.
LICENSE - An official document which certifies that a
				  licensee has been granted permission by the State to operate a a day care
				  facility in accordance with the provisions of the law and regulations of the
				  Department. The license may be issued for a period not to exceed three
				  years.
LICENSEE - The person, corporation or other legal entity
				  named on the license certificate as having received the license and who is
				  responsible for maintaining compliance with these regulations.
PARENT - The legal custodian of the child enrolled in the
				  facility.
PROVISIONAL LICENSE - A non-renewable license issued by the
				  Department for a period of not more than one year to an applicant who is
				  applying for a license for the first time or who has submitted an application
				  for the licensure of a facility not previously licensed. A provisional license
				  may be issued provided the Department finds that, although the facility, its
				  staff, or service or any matter subject to regulation is not yet in full
				  compliance to all regulations, it is likely that all regulations will be
				  complied with in a reasonable and predetermined period of time of one year or
				  less as determined by the Department.
RECREATION PROGRAMS - The following programs are exempt from
				  licensure:
i) programs operating for no
				more than four hours on one day a week or not more than two hours two days a
				week;
ii) programs operating
				thirteen consecutive weeks or less which provide a variety of activities
				including, but not limited to athletics, arts and crafts to children who have
				completed kindergarten or who will reach their sixth birthday by September 1 *
				of the enrollment year;
iii) part
				day programs operating less than four hours per day and ten thirteen
				consecutive weeks or less providing a variety of activities including, but not
				limited to athletics, arts or crafts and socialization to children age three,
				four and five;
iv) programs which
				provide for the development of a single skill based activity such as skiing,
				pottery making, computer operation, tennis or musicianship for children age
				fours years and older. (See chart on page vi)
REVOCATION - The formal act of closing a day care facility
				  due to violation of these regulations or related statutes. A facility may
				  continue to operate during a revocation action pending an appeal to the Human
				  Services Board.
SERIOUS VIOLATION - A violation of staffing requirements, or
				  any violation which immediately imperils the health, safety or well-being of
				  children. Serious violations may also include corporal punishment, lack of
				  supervision, physical or sexual abuse or health and safety issues.
STAFF - Adults who have direct responsibilities for the
				  operation of the program or the care and education of children.
SPECIAL NEEDS - One or more of the following areas in which a
				  child shows difficulty or delay:
- ability to learn
- social/emotional
- self care
- fine and gross motor
- communication (speech & language)
- medical or environmental factor(s) that may affect
				  participation in daily activities
SUPERVISION OF CHILDREN - The knowledge of and accounting for
				  the activity and whereabouts of each child in care and the proximity of staff
				  to children at all times assuring immediate intervention of staff to safeguard
				  a child from harm and maintenance of the program of the facility.
SUSPENSION - The formal act of immediately closing a day care
				  facility due to the immediate imperilment of the health, safety or well-being
				  of a child.
TEACHER - A caregiver who meets the qualifications specified
				  in these regulations and the requirements of the ECP's job description for
				  teacher.
TODDLERS - Children between the ages of 17 months and 35
				  months.
TRAINING - Interactive developmental activity for child care
				  providers in areas such as child development, discipline/behavior management,
				  health, safety and security of children, age-appropriate activities, first aid,
				  child abuse prevention and detection, working with parents, children with
				  special needs, and space design.
USEABLE SPACE - The space described by the application which
				  had been inspected and approved by the Division and described by the license as
				  the space where children are cared for in accordance with these regulations.
				  All other space is not useable space.
VARIANCE - An exception to a regulation granted by the
				  Commissioner in exceptional circumstances when, in his or her discretion, the
				  literal application of the regulation will result in unnecessary hardship and
				  when the intent of the regulation can be achieved by other means.
Enrollment Age
Exemption Chart Duration
no restriction
4 hrs. or less 1 day per week; or 2 hrs. or less 2
							 days per week
completed kindergarten,or age six by 9/1 * enrollment
							 year
up to all day
age three and older
less than four hours per day
age four and older **
up to all day
* 10/1, 11/1, or 12/1 depending on enrollment cut-offs for
				  kindergarten entry
** Waivers may be granted by the Division to extend
				  enrollment age to serve three year olds if criteria are met
Exemption Chart
EnrollmentAge
Period
Program
no restriction
no restriction
no restriction
completed kindergarten, or age six by 9/1 *enrollment
							 year
13 consecutive weeks or less
variety or general activity
age three and older
13 consecutive weeks or less
variety or general activity
age four and older **
no restriction
single skill
* 10/1, 11/1, or 12/1 depending on enrollment cut-offs for
				  kindergarten entry
** Waivers may be granted by the Division to extend
				  enrollment age to serve three year olds if criteria are met
Section A Administration
1. The licensee shall be responsible for
				compliance with these regulations and shall operate the facility at all times
				within the terms and conditions of the license.
2
a. The
				number of children at the facility or otherwise being provided care shall not
				exceed the maximum number of children for which the facility is
				licensed.
b. The licensee shall not
				sell or otherwise transfer the license to another individual, organization or
				corporation.
c. The license is
				valid only for the programs and areas approved by the Division
d. The licensee shall not alter or tamper
				with the license document or cause another to alter or tamper with the license
				document.
3. The license
				shall be posted in a conspicuous place where it can be easily read by parents
				and the public.
4. A copy of
				current regulations shall be posted at the facility. Parents shall be informed
				of the public availability of these regulations at the facility.
5. The licensee shall not represent or give
				the impression that the day care facility and/or its services are otherwise
				than as defined by the license certificate and the limitations of these
				regulations.
6. The licensee shall
				notify the Department within 15 days of any change of the person responsible
				for developing and implementing the program.
7. The facility shall be used only for
				purposes of child care during the hours of operation.
8. The facility shall meet all applicable
				requirements of the Department of Labor & Industry, Department of
				Environmental Conservation, Vermont Department of Taxes, Americans with
				Disabilities Act, and Act 165.
9.
				There shall be a process for orienting children and parents to the facility.
10. Parents, after presenting
				proper identification, shall have unlimited access without delay to their
				children and their caregivers whenever their children are in care.
11. The following shall be provided in
				writing to all parents:
a. a typical daily
				schedule;
b. a policy regarding the
				reporting of suspected child abuse and/or neglect;
c. a description of religious activity, if
				any;
d. a schedule of fees and
				payment plans;
e. a statement
				regarding parental freedom of access to the program;
f. a description of ECP's program;
12. Current emergency phone
				numbers shall be posted or located near the phone. Numbers shall include
				emergency medical responder, fire, police, ambulance, poison center, parents'
				home and work and the Division.
13.
				A child shall be released only to persons authorized by the parent/guardian.
				However, a child shall be released to either parent unless there is a court
				order which prohibits release to a particular parent, a copy of which is kept
				in the ECP.
14. Each facility shall
				carry liability insurance of a reasonable amount for its own protection.
				Evidence of insurance coverage shall be provided to the Division upon licensing
				and relicensing.
15. The director
				shall inform all staff of revisions in regulations as they become
				effective.
16. The program shall
				allow space where mothers can breast feed their children comfortably during the
				hours their children are in care.
17. Informational material relative to the
				care and development of children shall be made accessible to all
				staff.