Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 171 - DEPARTMENT FOR CHILDREN AND FAMILIES; CHILD DEVELOPMENT DIVISION › Chapter 003 - LICENSING REGULATIONS FOR AFTERSCHOOL CHILD CARE PROGRAMS › Section 13 171 003 - LICENSING REGULATIONS FOR AFTERSCHOOL CHILD CARE PROGRAMS FOREWORD

Current through June, 2024
Child Care Licensing Regulations govern child care facilities
				  and programs in the State of Vermont. These rules are minimum requirements
				  established to protect the health and safety of Vermont's children in
				  out-of-home care and ensure that children in child care programs in Vermont are
				  provided with wholesome growth and educational experiences.
This revision of Children's Day Care Licensing Regulations
				  for School Age Care, (October 1996), hereafter known as Licensing Regulations
				  for Afterschool Child Care Programs, was developed over a period of three years
				  by individuals with expertise in the area of child care, afterschool child care
				  programming, and education. The individuals included Afterschool Child Care
				  Program directors and administrators responsible for direct services to
				  children and families; Staff from Vermont Department for Children and Families,
				  Child Development Division (CDD); Vermont Agency of Education; and Vermont
				  Department of Health. The CDD is responsible to develop, review and monitor
				  child care licensing in Vermont, and CDD Staff are grateful for extensive input
				  and support from Vermont Afterschool, Inc. Vermont Afterschool, Inc. is a
				  public-private statewide partnership dedicated to supporting and sustaining
				  innovative learning opportunities that extend beyond the school day for all
				  Vermont's children and youth.
Revisions to the rules reflect an understanding of current
				  scientific evidence related to how children learn and develop. The rules also
				  reflect child care program practices that impact health, safety and well-being
				  of school age children. They incorporate changes in the organization of Vermont
				  state agencies responsible for licensing and monitoring; changes in applicable
				  legislation and regulations from other related governing entities; the use of
				  information technology in government and program administration; and the
				  evolving system of early childhood and afterschool services in Vermont.
The format and organization of the rules was significantly
				  revised to create a document intended to be clear, consistent and
				  user-friendly. Changes in the final version of the rules were made based on
				  public comments received during the promulgation process resulting in some
				  regulations being deleted or moved.
The Interagency Committee on Administrative Rules (ICAR) and
				  the Legislative Committee on Administrative Rules (LCAR) approved these rules
				  in a process pursuant to 3 V.S.A. § 25 Administrative procedures.
It is the intent of the Department for Children and Families,
				  Child Development Division in the Vermont Agency of Human Services that
				  licensing requirements are clear, reasonable, fair, enforceable and keep
				  children and their families at the center of our concern.
In the interests of serving the public, comments on the rules
				  are welcomed at any time and will be considered for future revisions or the
				  development of new requirements. Comments can be made on our website:
http://dcf.vermont.gov/cdd/child_care_licensing
Mission.
The mission of the Child Development Division is to improve
				  the well-being of Vermont's children. We do this through partnerships with
				  families, communities, schools, providers and state and federal agencies that
				  increase access to high- quality, sustainable, child development
				  services.
Important note: When referring to a specific rule in these
				  regulations, a complete reference will include abbreviated program type,
				  section and rule. For example, "ASP 6.1" is the appropriate reference for
				  Afterschool Child Care Program Regulations, Section 6, Regulation 1.
ASP Section 1. Introduction.
1.1 Effective Dates:
These regulations will go into effect for all Afterschool
				  Child Care Programs with a current license on September 1, 2016 and for all
				  Afterschool Child Care Program initial applications for licensure received on
				  or after September 1, 2016. Current Staff will be required to meet Staff
				  qualifications in these rules as of January 1, 2017. All Staff hired after
				  January 1, 2016 shall meet the qualifications stated in these rules at the time
				  of hire. Licensees who hold a current license to operate an Afterschool Child
				  Care Program on September 1, 2016, may be issued a Provisional License if they
				  are unable to come into full compliance with these rules by January 1, 2017, at
				  the discretion of the Division, and if the requirements in the rules 18.20
				  through 18.24 of these regulations are met. These regulations amend and replace
				  Licensing Regulations for Afterschool Child Care Programs (January 1,
				  2016).
1.2 Legal Authority
				to Regulate Service:
A person shall not operate a child care facility without a
				  license unless exempted under 33 V.S.A. § 3502. The legal authority for
				  these regulations is 33 V.S.A. §§ 105(b) and 3502.
1.3 Purpose:
The purpose of these regulations is for the protection and
				  promotion of the health, safety, well-being and positive growth and development
				  of children who receive services in Afterschool Child Care Programs in
				  community based centers or schools. These regulations reflect the baseline or
				  minimum standards for child care programs licensed in Vermont. All licensed
				  programs shall have the option of exceeding the regulations set by the
				  Department for Children and Families.
1.4 Definition of Regulated Service:
An Afterschool Child Care Program provides developmentally
				  appropriate care, education, protection, and supervision that are designed to
				  ensure wholesome growth and educational experiences for children outside of
				  their own homes for periods of less than 24 hours per day. An Afterschool Child
				  Care Program is any place operated as a business or service on a regular or
				  continuous basis, whether or not for compensation. This child care service is
				  provided by an entity or person other than the child's own parent, guardian or
				  relative.
1.5 Exemptions:
-- Child care provided for children of not more than two
				  families other than that of the person providing care;
-- A hospital or establishment holding a license issued by
				  the Department of Health, or a person operating a program primarily for
				  recreation or therapeutic purposes, unless the hospital, establishment, or
				  person provides services for the care, protection, and supervision of children
				  not incidental to its primary purpose;
-- Child care facilities operated by a religious
				  organization for the care and supervision of children during or in connection
				  with religious services or church sponsored activities;
-- An afterschool program that serves students in one or more
				  grades from kindergarten through secondary school, that receives funding
				  through the 21st Century Community Learning Centers Program, and that is
				  overseen by the Agency of Education, unless the afterschool program asks to
				  participate in the Child Care Financial Assistance Program; and
-- Recreation programs that provide services that operate:
-- Less than four hours per day and not more than thirteen
				  weeks a year for children ages three, four and five years old;
-- For not more than thirteen consecutive weeks for children
				  that have completed kindergarten or will reach six years of age by September
				  1st of the year enrolled;
-- For not more than four hours one day per week or not more
				  than two hours two days per week; or
-- To provide a single skill based activity for children
				  ages three years or older.
ASP Section 2. Definitions.
For purposes of these regulations, words and phrases shall
				  have their common meaning unless otherwise defined here.
2.1 AFTERSCHOOL ACTIVITY SPECIALIST - A
				person who participates in or contributes to the program curriculum on a
				short-term basis, no more than thirteen consecutive weeks, to lead single
				special subject instruction or demonstration, and is not considered a regular
				member of the program Staff. An Afterschool Activity Specialist does not count
				in staff/child ratios and shall not be left alone with children.
2.2 AFTERSCHOOL CHILD CARE PROGRAM
				ADMINISTRATOR - An Afterschool Child Care Program Administrator is responsible
				for the overall management of the program in accordance with these regulations.
				A Program Administrator supervises multiple Staff and may provide direct care
				to children. When providing direct care, a Program Administrator may also serve
				as the Site Director and count in staff/child ratios.
2.3 AFTERSCHOOL CHILD CARE PROGRAM - A
				program licensed by the Division whose services are designed to provide school
				age children (see definition of School Age Child) with developmentally
				appropriate experiences before school, after school, and during school
				vacations.
2.4 AFTERSCHOOL CHILD
				CARE PROGRAM STAFF - Afterschool Child Care Program Staff implements
				programming for children. He/she may supervise other Staff. An Afterschool
				Child Care Program Staff person counts in staff/child ratios.
2.5 AFTERSCHOOL SITE DIRECTOR - An
				Afterschool Site Director is present on site at the program, responsible for
				compliance with regulations on a day-to-day basis, and supervises multiple
				Staff and may provide direct care to children. An Afterschool Site Director
				counts in staff/child ratios when providing direct care to children.
2.6 AIDE - An Aide is sixteen-years or older
				who assists in the implementation of the program under the supervision of
				Afterschool Child Care Program Staff. Aides ages sixteen and seventeen shall
				not be
2.7 APPLICATION - The
				official documentation required by the Division which, when completed and
				signed by the applicant, is a request for a child care license.
2.8 BRIGHT FUTURES INFORMATION SYSTEM -
				Referred to as "BFIS" in these regulations, means the web-based information and
				management system used by the Division to communicate with child care and
				education providers and parents. It is used to manage processes, actions,
				documents and information related to: child care and early education licensing;
				the qualifications and professional development experiences of early childhood
				and afterschool professionals; and Child Care Financial Assistance Program and
				other payments.
2.9 CAPACITY - The
				total number of children allowed to be present at any one time as approved on
				the license.
2.10 CHILD - Person who
				has not yet reached the age of sixteen years.
2.11 CHILD CARE - The developmentally
				appropriate care, protection and supervision of children which is designed to
				ensure wholesome growth and educational experiences in a child care facility
				outside of children's homes for periods of less than twenty-four hours a
				day.
2.12 CHILD WITH SPECIAL NEEDS
				- A person under the age of nineteen years of age who is eligible for special
				education services in accordance with an Individualized Education Plan (IEP),
				Individualized Family Support Plan (IFSP), or 504 Plan and who is not capable
				of safely caring for him/herself; or (b) A person who is age thirteen 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.
2.13 CLEANING - The
				removal of all dirt and debris by washing with a detergent solution in
				accordance with the manufacturer's directions.
2.14 COMMISSIONER - Commissioner of the
				Department for Children and Families or his/her designee.
2.15 CONDITIONS OF THE LICENSE - A time
				limited requirement to which the licensee shall achieve compliance prior to the
				completion date listed on the license certificate.
2.16 CONFIDENTIALITY - The protection of
				personal information, including health information from persons who are not
				authorized to see or hear it.
2.17
				CORPORAL PUNISHMENT - The intentional infliction of pain by any means for the
				purpose of punishment, correction, discipline, instruction or any other
				reason.
2.18 CURRICULUM - A planned
				set of activities and experiences consistent with the developmental needs of
				school age children.
2.19
				DEPARTMENT - The Vermont Department for Children and Families (DCF).
2.20 DEVELOPMENTALLY APPROPRIATE - Practices
				grounded in research on how children and youth develop and learn. It means
				providing activities and interactions suitable to age and developmental status,
				as individuals and as a group, and providing support for each individual in
				attaining challenging yet achievable goals that contribute to his/her unique,
				ongoing development and learning. Such practice is responsive to the social and
				cultural contexts in which children and youth live.
2.21 DISCIPLINE - see GUIDANCE.
2.22 DISINFECTING - To destroy or inactivate
				most germs on objects or surfaces. Disinfecting is appropriate for non-porous
				surfaces that will not be in contact with food or be mouthed by
				children.
2.23 DIVISION - The
				Vermont Department for Children and Families (DCF), Child Development Division
				(CDD).
2.24 FACILITY - The physical
				location, indoor and outdoor, where the Afterschool Child Care Program operates
				as a business or service on a regular or continuous basis whether for
				compensation or not.
2.25 FALL ZONE
				- The surface under which a child could be expected to land under and around a
				play structure or climbing equipment. May also be referred to as USE
				ZONE.
2.26 GROUP - The number of
				children who meet together regularly, who can be identified with one another as
				being distinct from the larger population of children present, and are assigned
				to a consistent Staff member or team of Staff members.
2.27 GUIDANCE - A developmentally appropriate
				process of guiding children to develop internal, self-regulating, and
				pro-social behavior through supportive, consistent use of strategies including
				modeling
2.29 INDIVIDUAL
				PROFESSIONAL DEVELOPMENT PLAN (IPDP) - A written personalized plan that
				includes assessment of core knowledge and skills specific to working in an
				Afterschool Child Care Program, a self-assessment, a defined timeline with a
				description of strategies, and resources to address professional plans and
				goals.
2.30 KINDERGARTEN - A
				one-year educational program designed to meet the needs of children who will
				attend first grade the following school year.
2.31 LICENSE - An official document which
				certifies that a Licensee has been granted permission by the State of Vermont
				to operate an Afterschool Child Care Program in accordance with the laws and
				regulations of the Department.
2.32
				LICENSED PROGRAM SPACE - Division approved indoor and outdoor areas where
				children may be present.
2.33
				LICENSEE - The person, corporation or other legal entity named on the license
				certificate who has received permission to operate a child care program and is
				responsible for maintaining compliance with these regulations.
2.34 NORTHERN LIGHTS CAREER DEVELOPMENT
				CENTER (NLCDC) - Is Vermont's professional development system for early
				childhood and afterschool professionals.
2.35 PARENT - Parent means a birth or
				adoptive parent, legal guardian, foster parent, or any other person having
				responsibility for, or legal custody of, a child.
2.36 PARENTAL NOTIFICATION LETTER (PNL) - A
				written notification from the Afterschool Child Care Program to the parent(s)
				of enrolled children, delivered securely, as required by 33 V.S.A. §
				151(7) indicating that a staffing or serious health or safety violation has
				been identified by the Division.
2.37 PROFESSIONAL DEVELOPMENT ACTIVITY -
				Learning and support activities, designed in accordance with adult learning
				principles that prepare and enhance individuals in their work with children and
				their families and lead to improvements in practitioner knowledge, skills, and
				practices.
2.38 PROGRAM - All
				activities related to the provision of child care services.
2.39 RECORD CHECK AUTHORIZATION - The
				authority to obtain from the National Crime Information Center, Vermont Crime
				Information Center and from the Vermont Child Protection and Adult Abuse
				Registries the record of convictions or substantiations of any person to the
				extent the Commissioner has determined that such information is necessary to
				regulate a facility or individual subject to regulation by the
				Department.
2.40 REVOCATION - The
				formal licensing action of closing a license to operate an Afterschool Child
				Care Program due to serious violations, a pattern of non-compliance with these
				rules, and/or noncompliance related to statutes. An Afterschool Child Care
				Program may continue to operate while a decision of an appeal made to the Human
				Services Board is pending.
2.41
				SANITIZING - To reduce germs on objects or surfaces to levels considered safe
				by public health codes. Sanitizing is appropriate for surfaces that are in
				contact with food or anything that children may place in their
				mouths.
2.42 SCHOOL AGE CHILD - A
				child who is five years of age or older and currently attending kindergarten or
				has completed kindergarten or a higher grade.
2.43 SCHOOL-BASED PROGRAM - A program
				operated by or in partnership with a public school and on school
				property.
2.44 SERIOUS VIOLATION -
				A violation of group size or staffing requirements or violations that
				immediately imperil the health, safety or well-being of children. Serious
				violations may also include corporal punishment, lack of supervision, or
				inappropriate physical or sexual contact.
2.45 SPECIALIZED CHILD CARE - Child care
				provided by registered or licensed child care providers serving particular
				populations of high needs children and their families. This includes children
				involved with the Family Services Division, those with special physical,
				behavioral or developmental needs, or families experiencing significant
				short-term stress. A Specialized Child Care Provider is required to maintain a
				high quality, inclusive program, comply with all regulations, and obtain
				additional annual training in topics relevant to serving specialized needs of
				children or families. Specialized Child Care Providers provide the level of
				care necessary to meet the individualized needs of enrolled children.
2.46 STAFF - Persons who have
				direct responsibilities for the program's operation and the health, safety,
				education and well-being of children, including Afterschool Administrator, Site
				Director, Program Staff, and Afterschool Aides counted in the staff/child ratio
				including Substitutes.
2.47
				SUBSTITUTE - A staff member who is temporarily filling a position in an
				Afterschool Child Care Program due to the absence or lack of a regularly
				employed staff member.
2.48
				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 ensuring immediate intervention of Staff to safeguard a child from
				harm.
2.49 SUPERVISION OF STAFF AND
				VOLUNTEERS - Performing monitoring and evaluation of Staff that includes the
				observation of Staff interaction with children, implementation of curriculum,
				adherence to program policies and procedures, and adherence to requirements
				established in these regulations.
2.50 SUSPENSION - The Department's formal act
				of immediately suspending or closing an Afterschool Child Care Program's
				license to operate due to the immediate imperilment of the health, safety or
				wellbeing of a child.
2.51 TERMS OF
				THE LICENSE - The location, number and ages of children, hours and days of
				operation, expiration date and any other conditions or limitations listed on
				the license certificate.
2.52
				VARIANCE - A Division approved exception to a regulation.
2.53 VOLUNTEER - An unpaid person who assists
				with children but may not be alone with children nor count in the staff/child
				ratio. A volunteer who comes in more than three times per year is required to
				have a record check.
2.54 YOUTH
				VOLUNTEER OR LEADERS-IN-TRAINING - of thirteen to seventeen years of age and
				present at the program for a specific program purpose and directly supervised
				by Staff at all times. This person is not counted as a staff in the staff/child
				ratio.
2.54.a. For sixteen and seventeen
				year-olds, supervision is in a ratio of one adult Staff for each volunteer and
				they do not count as a child in the staff/child ratio.
2.54.b. For thirteen, fourteen, and fifteen
				year olds, they do count as a child in the staff/child ratio.