Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 162 - DIVISION OF LICENSING AND REGULATION › Chapter 001 - CHILDREN'S DAY CARE LICENSING REGULATIONS FOR SCHOOL AGE CARE › Section 13 162 001 - CHILDREN'S DAY CARE LICENSING REGULATIONS FOR SCHOOL AGE CARE

Current through June, 2024
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. This category
				  may include Director, Head Teacher, Teacher and Assistant.
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 services. Used interchangeably with the term School Age
				  Care (SAC).
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 possessing the qualifications for
				  the position of Director and responsible for the overall operation of the
				  facility.
DISCIPLINE - A process of guiding children to develop
				  internal pro- social behavior through the supportive consistent use of the
				  following: modeling appropriate behavior, praise, active listening, limit
				  setting, reinvolvement, and modifying the environment.
DIVISION - The Division of Licensing and Regulation of the
				  Vermont Department of Social and Rehabilitation Services.
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 is 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.
LICENSE - An official document which certifies that a
				  licensee has been granted permission by the State to operate a day care
				  facility in accordance with the provisions of the law and regulations of the
				  Department.
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.
PARENT CONFERENCE - A meeting scheduled and held between the
				  parents and staff for the purpose of discussing the needs of and/or progress of
				  a child relative to the services provided by the facility.
PHILOSOPHY - A comprehensive description of how children
				  develop and learn and the role of the program in enhancing this process.
PRIMARY CAREGIVER - The staff person responsible for
				  facilitating and nurturing a child's cognitive, social, emotional, and physical
				  growth and development and the person responsible for communicating the child's
				  daily activities to the child's parent.
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 AIDES - Persons over the age of 16 years who
				  otherwise meet staff requirements.
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 ten
				consecutive weeks or less which provide a variety of activities including, but
				not limited to athletics, and 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 consecutive weeks or
				less providing a variety of activities including but not limited to athletics,
				arts or crafts and socialization;
iv) programs which provide for the
				development of single skill based activity such as skiing, pottery making,
				computer operation, tennis or musicianship.
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.
SCHOOL AGE CARE - A licensed day care facility whose services
				  are designed to ensure that school age children are provided with wholesome
				  growth and educational experiences. Used interchangeably with the terms Day
				  Care Facility.
SCHOOL AGE CHILD - A child who has attained the age required
				  by law to attend school and is attending a full day school session or is
				  attending Kindergarten.
SERIOUS VIOLATION - A violation of group size, staffing
				  requirements or any violation which immediately imperils the health, safety or
				  well-being of children. Serious violations may also include corporal
				  punishment, physical or sexual abuse or health and safety or health and safety
				  requirements.
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 SAC's job description for
				  teacher.
TRAINING - Interactive developmental activity for child care
				  providers in areas such as child development, discipline/behavior management,
				  health and safety, age- appropriate activities, first aid, child abuse
				  prevention and detection, working with parents, children with special needs,
				  space design and community early childhood resources including but not limited
				  to observation and assessment (not to exceed two hours) of other early
				  childhood programs.
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.
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 location listed on the license.
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 or child care training 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 and
				Americans with Disabilities Act.
9.
				There shall be a process of introducing children and parents to the center
				which offers a parent orientation, pre-enrollment visit and a gradual
				introduction of children to the center.
10. Parents shall have unlimited access
				without delay to their children and their caregivers during the normal hours of
				operation or whenever such children are in the care of such
				caregivers.
11. The staff shall
				encourage parents to spend periods of time at the center interacting with their
				children.
12. 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 which sets
				forth the philosophy and methods employed to reach developmental goals for
				children and families;
g.
				information concerning complaint procedures concerning the welfare of
				children.
13. A parent
				conference shall be offered at least annually to discuss children's progress,
				accomplishments, and issues at home and the center. Parent's reasonable
				requests for additional conference(s) shall be honored within 7 days.
14. Current emergency phone numbers shall be
				posted or located near the phone. Numbers shall include health care provider,
				fire, police, ambulance, poison center, parents' home and work and the
				Division.
15. 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
				SAC.
16. 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.
17. The director shall
				inform all staff of revisions in regulations as they become
				effective.
18. Informational
				material relative to the care and development of children published or
				distributed by the local training, resource and referral centers and other
				relevent[relevant] sources shall be made accessible to all staff.
19. The Program Director, upon obtaining
				written parental permission, may make appropriate professional referrals where
				necessary.