reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL PROVISIONS › Section 3800.3 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter does not apply to the following:
(1) Child residential and child day treatment
						facilities operated directly by the Department.
(2) Transitional living residences which are
						located in freestanding private residences.
(3) Residential camps for children who are
						enrolled in a grade or educational level higher than kindergarten which operate
						for fewer than 90 days per year.
(4) Residential children's schools which are
						licensed and operated solely as private academic schools or registered and
						operated solely as nonpublic nonlicensed schools by the Department of
						Education.
(5) Foster care homes
						that are licensed under Chapter 3700 (relating to foster family care
						agency).
(6) Family living homes
						for children with an intellectual disability that are licensed under Chapter
						6500 (relating to family living homes).
(7) Community homes for individuals with an
						intellectual disability that provide care to both children and adults in the
						same facility and that are licensed under Chapter 6400 (relating to community
						homes for individuals with an intellectual disability).
(8) Community residences for individuals with
						mental illness that provide care to both children and adults in the same
						facility or community residential host homes for individuals with mental
						illness that are certified under Chapter 5310 (relating to community
						residential rehabilitation services for the mentally ill).
(9) Drug and alcohol residential facilities
						that provide care exclusively to residents whose sole need is the treatment of
						drug and alcohol dependence and that are licensed under 28 Pa. Code Chapters
						701, 704 and 709 (relating to general provisions; staffing requirements for
						drug and alcohol treatment activities; and standards for licensure of
						freestanding treatment facilities).
(10) Child day care facilities certified or
						registered under Chapter 3270, 3280 or 3290 (relating to child day care
						centers; group child day care homes; and family child day care
						homes).
(11) Private homes of
						persons providing care to a relative, except homes in which children live with
						their own children but no other relative, unless the home is a transitional
						living residence that is exempt from this chapter under paragraph
						(2).
The provisions of this §
														3800.3 amended under Articles IX
							 and X of the Human Services Code (62 P.S. §§
															901-922 and
							 1001-1088).
This section cited in 55 Pa. Code §
														3800.2 (relating to
							 applicability); and 55 Pa. Code §
														3800.5 (relating to
							 definitions).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL PROVISIONS › Section 3800.4 - Inspections and certificates of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each facility to which this chapter
						applies shall be individually inspected at least once a year, unless otherwise
						specified by statute.
(b) A
						separate certificate of compliance shall be issued for each physical structure
						that qualifies for a certificate.
This section cited in 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL PROVISIONS › Section 3800.6 - Applicability to specific facility types

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in §§
												3800.251-3800.257,
						  3800.271-3800.274,
						  3800.281-3800.283,
						  3800.291-3800.293, 3800.301-3800.303,
						  3800.311 and 3800.312, all sections of this chapter apply to the facilities
						  within the scope of this chapter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.11 - Licensure or approval of facilities

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements of Chapter 20 (relating to licensure
						  or approval of facilities) shall be met.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.12 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
Appeals related to the Department's licensure or
						  approval shall be made in accordance with 1 Pa. Code Part II (relating to
						  General Rules of Administrative Practice and Procedure).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.13 - Maximum capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						maximum capacity specified on the certificate of compliance shall be based on
						available bedroom square footage and the number of toilets and sinks.
(b) The maximum capacity specified on the
						certificate of compliance may not be exceeded.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs); and 55 Pa. Code §
														3800.311 (relating to exceptions
							 for day treatment).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.14 - Fire safety approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a
						fire safety approval is required in accordance with State law or regulations, a
						valid fire safety approval from the appropriate authority, listing the type of
						occupancy, is required prior to receiving a certificate of compliance under
						this chapter.
(b) If the fire
						safety approval is withdrawn or restricted, the facility shall notify the
						Department orally within 24 hours and in writing within 48 hours of the
						withdrawal or restriction.
(c) If a
						building is structurally renovated or altered after the initial fire safety
						approval is issued, the facility shall submit the new fire safety approval, or
						written certification that a new fire safety approval is not required, from the
						appropriate fire safety authority.
This section cited in 55 Pa. Code §
														3800.121 (relating to unobstructed
							 egress); and 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.15 - Child abuse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The facility
						shall immediately report suspected abuse of a child in accordance with
						23 Pa.C.S. §§
													6301-6385 (relating to the Child Protective
						Services Law) and Chapter 3490 (relating to protective services).
(b) If there is an allegation of child abuse
						involving facility staff persons, the facility shall submit and implement a
						plan of supervision in accordance with
						23 Pa.C.S. §
													6368
						(relating to investigation of reports) and §
												3490.56 (relating to county agency
						investigation of suspected child abuse perpetrated by persons employed or
						supervised by child care services and residential facilities).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.16 - Reportable incidents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						reportable incident is the following:
(1) A
						death of a child.
(2) A physical
						act by a child to commit suicide.
(3) An injury, trauma or illness of a child
						requiring inpatient treatment at a hospital.
(4) A serious injury or trauma of a child
						requiring outpatient treatment at a hospital, not to include minor injuries
						such as sprains or cuts.
(5) A
						violation of a child's rights.
(6)
						Intimate sexual contact between children, consensual or otherwise.
(7) A child absence from the premises for 4
						hours or more without the approval of staff persons, or for 30 minutes or more
						without the approval of staff persons if the child may be in immediate
						jeopardy.
(8) Abuse or misuse of a
						child's funds.
(9) An outbreak of a
						serious communicable disease as defined in 28 Pa. Code §
													27.2 (relating to specific
						identified reportable diseases, infections and conditions).
(10) An incident requiring the services of
						the fire or police departments.
(11) Any condition which results in closure
						of the facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.17 - Recordable incidents

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall maintain a record of the following:
(1) All seizures.
(2) Suicidal gestures.
(3) Any incidence of intentionally striking
						or physically injuring a child.
(4)
						Property damage of more than $500.
(5) A child absence from the premises without
						the approval of staff persons, that does not meet the definition of reportable
						incident in §
												3800.16(a)
						(relating to reportable incidents).
(6) Injuries, traumas and illnesses of
						children that do not meet the definition of reportable incident in §
												3800.16(a), which
						occur at the facility.
This section cited in 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.18 - Child funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Money earned
						or received by a child is the child's personal property.
(b) The facility may place reasonable limits
						on the amount of money to which a child has access.
(c) The facility shall maintain a separate
						accounting system for child funds, including the dates and amounts of deposits
						and withdrawals. Commingling of child and facility funds is not
						permitted.
(d) Except for children
						expected to be in the facility for fewer than 30 days, the facility shall
						maintain an interest-bearing account for child funds, with interest earned
						tracked and applied for each child.
(e) Money in the child's account shall be
						returned to the child upon discharge or transfer.
(f) There shall be no borrowing of child
						funds by the facility or staff persons.
This section cited in 55 Pa. Code §
														3800.311 (relating to exceptions
							 for day treatment).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.19 - Consent to treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						facility shall comply with the following statutes and regulations relating to
						consent to treatment, to the extent applicable:
(1)
													42 Pa.C.S. §§
														6301-6365 (relating to the Juvenile
						Act).
(2) The Mental Health
						Procedures Act (50 P.S. §§
														7101-7503).
(3) The act of February 13, 1970 (P.L. 19,
						No. 10) (35 P.S. §§
														10101-10105).
(4) Chapter 5100 (relating to mental health
						procedures).
(5) The Pennsylvania
						Drug and Alcohol Abuse Control Act (71 P.S. §§
														1690.101-1690.115).
(6) Other applicable statutes and
						regulations.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.20 - Confidentiality of records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						facility shall comply with the following statutes and regulations relating to
						confidentiality of records, to the extent applicable:
(1)
													23 Pa.C.S. §§
														6301-6386 (relating to Child Protective
						Services Law).
(2)
													23 Pa.C.S. §§
														2101-2938 (relating to Adoption
						Act).
(3) The Mental Health
						Procedures Act (50 P.S. §§
														7101-7503).
(4) Section 602(d) of the Mental Health and
						Intellectual Disability Act of 1966 (50 P.S. §
														4602(d)).
(5) The Confidentiality of HIV-Related
						Information Act (35 P.S. §§
														7601-7612).
(6) Sections
						5100.31-5100.39 (relating to
						confidentiality of mental health records).
(7) Sections
						3490.91-3490.95 (relating to
						confidentiality).
(8) Other
						applicable statutes and regulations.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.21 - Applicable health and safety laws

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall have a valid certificate or approval
						  document from the appropriate State or Federal agency relating to health and
						  safety protections for children required by another applicable law, not to
						  include local zoning ordinances.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › GENERAL REQUIREMENTS › Section 3800.22 - Waivers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The facility
						may submit a written request for a waiver on a form prescribed by the
						Department, and the Department may grant a waiver of a specific section of this
						chapter if the following conditions exist:
(1) There is no significant jeopardy to the
						children.
(2) There is an
						alternative for providing an equivalent level of health, safety and well-being
						protection of the children.
(3) The
						benefit of waiving the regulation outweighs any risk to the health, safety and
						well-being of the children.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › CHILD RIGHTS › Section 3800.31 - Notification of rights and grievance procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon admission, each child and available
						parent and, if applicable, an available guardian or custodian, unless
						court-ordered otherwise, shall be informed of the child's rights, the right to
						lodge grievances without fear of retaliation and applicable consent to
						treatment protections specified in §
												3800.19 (relating to consent to
						treatment).
(b) Each child and
						parent and, if applicable, the child's guardian or custodian, shall be informed
						of the child's rights, the right to lodge grievances as specified in subsection
						(a), and applicable consent to treatment protections specified in §
												3800.19 (relating to consent to
						treatment), in an easily understood manner, and in the primary language or mode
						of communication of the child, the child's parent and, if applicable, the
						child's guardian or custodian.
(c)
						A copy of the child's rights, the grievance procedures, and applicable consent
						to treatment protections shall be posted and given to the child, the child's
						parent and, if applicable, the child's guardian or custodian, upon
						admission.
(d) A statement signed
						by the child, the child's parent and, if applicable, the child's guardian or
						custodian, acknowledging receipt of a copy of the information specified in
						subsection (a), or documentation of efforts made to obtain the signature, shall
						be kept.
(e) A child and the
						child's family have the right to lodge a grievance with the facility for an
						alleged violation of specific or civil rights without fear of
						retaliation.
(f) The facility shall
						develop and implement written grievance procedures for the child, the child's
						family and staff persons to assure the investigation and resolution of
						grievances regarding an alleged violation of a child's rights.
This section cited in 55 Pa. Code §
														3800.243 (relating to content of
							 records).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › CHILD RIGHTS › Section 3800.32 - Specific rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A child may
						not be discriminated against because of race, color, religious creed,
						disability, handicap, ancestry, sexual orientation, national origin, age or
						sex.
(b) A child may not be abused,
						mistreated, threatened, harassed or subject to corporal punishment.
(c) A child has the right to be treated with
						fairness, dignity and respect.
(d)
						A child has the right to be informed of the rules of the facility.
(e) A child has the right to communicate with
						others by telephone subject to reasonable facility policy and written
						instructions from the contracting agency or court, if applicable, regarding
						circumstances, frequency, time, payment and privacy.
(f) A child shall have the right to visit
						with family at least once every 2 weeks, at a time and location convenient for
						the family, the child and the facility, unless visits are restricted by court
						order. This right does not restrict more frequent family visits.
(g) A child has the right to receive and send
						mail.
(1) Outgoing mail may not be opened or
						read by staff persons.
(2) Incoming
						mail from Federal, State or county officials, or from the child's attorney, may
						not be opened or read by staff persons.
(3) Incoming mail from persons other than
						those specified in paragraph (2), may not be opened or read by staff persons
						unless there is reasonable suspicion that contraband, or other information or
						material that may jeopardize the child's health, safety or well-being, may be
						enclosed. If there is reasonable suspicion that contraband, or other
						information that may jeopardize the child's health or safety may be enclosed,
						mail may be opened by the child in the presence of a staff person.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › CHILD RIGHTS › Section 3800.33 - Prohibition against deprivation of rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A child may not be deprived of specific
						or civil rights.
(b) A child's
						rights may not be used as a reward or sanction.
(c) A child's visits with family may not be
						used as a reward or sanction.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › STAFFING › Section 3800.51 - Child abuse and criminal history checks

Current through Register Vol. 54, No. 28, July 13, 2024
Child abuse and criminal history checks shall be
						  completed in accordance with
						  23 Pa.C.S. §§
													6301-6385 (relating to the Child Protective
						  Services Law) and Chapter 3490 (relating to protective
						  services).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › STAFFING › Section 3800.52 - Staff hiring, retention and utilization

Current through Register Vol. 54, No. 28, July 13, 2024
Staff hiring retention and utilization shall be in
						  accordance with
						  23 Pa.C.S. §§
													6301-6385 (relating to the Child Protective
						  Services Law) and Chapter 3490 (relating to protective
						  services).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › STAFFING › Section 3800.53 - Director

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall be
						one director responsible for the facility. A director may be responsible for
						more than one facility.
(b) The
						director shall be responsible for administration and management of the
						facility, including the safety and protection of the children, implementation
						of policies and procedures and compliance with this chapter.
(c) A director of a facility shall have one
						of the following:
(1) A master's degree from
						an accredited college or university and 2 years work experience in
						administration or human services.
(2) A bachelor's degree from an accredited
						college or university and 4 years work experience in administration or human
						services.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › STAFFING › Section 3800.54 - Child care supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There
						shall be one child care supervisor available either onsite or by telephone at
						all times children are at the facility.
(b) For facilities serving 16 or more
						children, whenever 16 or more children are present at the facility, there shall
						be at least one child care supervisor present at the facility.
(c) The child care supervisor shall be
						responsible for developing and implementing the program and schedule for the
						children and for supervision of child care workers.
(d) The child care supervisor shall have one
						of the following:
(1) A bachelor's degree
						from an accredited college or university and 1 year work experience with
						children.
(2) An associate's degree
						or 60 credit hours from an accredited college or university and 3 years work
						experience with children.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › STAFFING › Section 3800.55 - Child care worker

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall
						be one child care worker present with the children for every eight children who
						are 6 years of age or older, during awake hours.
(b) There shall be one child care worker
						present with the children for every 16 children who are 6 years of age and
						older, during sleeping hours.
(c)
						There shall be one child care worker present with the children for every four
						children who are under 6 years of age, during awake hours.
(d) There shall be one child care worker
						present with the children for every eight children who are under 6 years of
						age, during sleeping hours.
(e) If
						there are children who are under 6 years of age and 6 years of age and older in
						the same group, the ratios specified in subsections (c) and (d)
						apply.
(f) The child care worker
						shall be responsible for implementing daily activities and for supervision of
						the children.
(g) The child care
						worker shall have a high school diploma or general education development
						certificate.
(h) A child care
						worker who is counted in the worker to child ratio shall be 18 years of age or
						older if all the children served in the facility are under 18 years of age. A
						child care worker who is counted in the worker to child ratio shall be 21 years
						of age or older if one or more children served in the facility are 18 years of
						age or older.
This section cited in 55 Pa. Code §
														3800.56 (relating to exceptions
							 for staff qualifications); 55 Pa. Code §
														3800.106 (relating to swimming);
							 55 Pa. Code §
														3800.171 (relating to safe
							 transportation); 55 Pa. Code §
														3800.273 (relating to exceptions
							 for secure care); 55 Pa. Code §
														3800.282 (relating to exceptions
							 for secure detention); and 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › STAFFING › Section 3800.56 - Exceptions for staff qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The staff qualification requirements
						specified in §§
												3800.53(c),
						3800.54(d),
						3800.55(g) and
						3800.283(1) do
						not apply to staff persons hired or promoted to the specified positions prior
						to October 26, 1999.
(b) For
						facilities previously certified under Chapter 5310 or 6400 (relating to
						community residential rehabilitation services for the mentally ill; and
						community homes for individuals with an intellectual disability), the age
						requirements specified in §
												3800.55(h)
						(relating to child care worker) do not apply to staff persons hired, or counted
						in the worker to child ratio, prior to October 26, 1999.
The provisions of this §
														3800.56 amended under Articles IX
							 and X of the Human Services Code (62 P.S. §§
															901-922 and
							 1001-1088).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › STAFFING › Section 3800.57 - Supervision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) While children
						are at the facility, children shall be supervised during awake and sleeping
						hours by conducting observational checks of each child at least every
						hour.
(b) Observational checks of
						children specified in subsection (a) shall include actual viewing of each
						child.
(c) Staff persons may not
						sleep while being counted in the staff to child ratios.
(d) The requirements in subsections (a)-(c)
						regarding supervision of children during sleeping hours do not apply if the
						facility serves 12 or fewer children and one of the following conditions is
						met:
(1) Each of the children has lived at any
						facility within the legal entity for at least 6 months and each child's health
						and safety assessment indicates there are no high risk behaviors during
						sleeping hours.
(2) There are
						live-in staff persons at the facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › STAFFING › Section 3800.58 - Staff training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
						to working with children, each staff person who will have regular and
						significant direct contact with children, including part-time and temporary
						staff persons and volunteers, shall have an orientation to the person's
						specific duties and responsibilities and the policies and procedures of the
						facility, including reportable incident reporting, discipline, care and
						management of children, medication administration and use of restrictive
						procedures.
(b) Prior to working
						alone with children and within 120 calendar days after the date of hire, the
						director and each full-time, part-time and temporary staff person who will have
						regular and significant direct contact with children, shall have at least 30
						hours of training to include at least the following areas:
(1) The requirements of this
						chapter.
(2)
													23 Pa.C.S. §§
														6301-6385 (relating to child protective
						services law) and Chapter 3490 (relating to protective services).
(3) Fire safety.
(4) First aid, Heimlich techniques,
						cardiopulmonary resuscitation and universal precautions.
(5) Crisis intervention, behavior management
						and suicide prevention.
(6) Health
						and other special issues affecting the population.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.81 - Physical accommodations and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall provide or arrange for physical site
						  accommodations and equipment necessary to meet the health and safety needs of a
						  child with a disability.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.82 - Poisons

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Poisonous
						materials shall be kept locked and inaccessible to children.
(b) Poisonous materials shall be stored in
						their original, labeled containers.
(c) Poisonous materials shall be kept
						separate from food, food preparation surfaces and dining surfaces.
This section cited in 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.83 - Heat sources

Current through Register Vol. 54, No. 28, July 13, 2024
Heat sources, such as hot water pipes, fixed space
						  heaters, hot water heaters and radiators, exceeding 120°F that are
						  accessible to children, shall be equipped with protective guards or insulation
						  to prevent children from coming in contact with the heat
						  source.
This section cited in 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living); and 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.84 - Sanitation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sanitary
						conditions shall be maintained.
(b)
						There may be no evidence of infestation of insects or rodents in the
						facility.
(c) Trash shall be
						removed from the premises at least once a week.
(d) Trash in kitchens and bathrooms shall be
						kept in covered trash receptacles that prevent the penetration of insects and
						rodents.
(e) Trash outside the
						facility shall be kept in closed receptacles that prevent the penetration of
						insects and rodents.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.85 - Ventilation

Current through Register Vol. 54, No. 28, July 13, 2024
Living areas, recreation areas, dining areas,
						  bathrooms, bedrooms and kitchens shall be ventilated by at least one operable
						  window or mechanical ventilation.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.86 - Lighting

Current through Register Vol. 54, No. 28, July 13, 2024
Rooms, hallways, interior stairs, outside steps,
						  outside doorways, porches, ramps and fire escapes shall be lighted to avoid
						  accidents.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.87 - Surfaces

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Floors, walls,
						ceilings, windows, doors and other surfaces shall be free of hazards.
(b) If the facility was constructed before
						1978 and serves one or more children who are 2 years of age or younger or who
						are likely to ingest inedible substances, the facility shall test all layers of
						interior paint in the facility and exterior paint and soil accessible in the
						play and recreation areas, for lead content. If lead content exceeds .06% in
						wet paint, .5% in a paint chip sample or 400 ppm in the soil, lead remediation
						activity is required based on recommendations of the Department of Health.
						Documentation of lead testing, results and corrections made shall be
						kept.
(c) The facility may not use
						asbestos products for any renovations or new construction.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.88 - Water

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The facility
						shall have hot and cold water under pressure.
(b) Hot water temperature in areas accessible
						to children may not exceed 120°F.
(c) A facility that is not connected to a
						public water system shall have a coliform water test at least every 3 months,
						by a Department of Environmental Protection-certified laboratory, stating that
						the water is safe for drinking. Documentation of the certification shall be
						kept.
This section cited in 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living); and 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.89 - Temperature

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Indoor
						temperature shall be at least 65°F during awake hours when children are
						present in the facility.
(b) Indoor
						temperature may not be less than 62°F during sleeping hours.
(c) When indoor temperature exceeds 90°F,
						mechanical ventilation such as fans or air conditioning shall be
						used.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.90 - Communication system

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The facility
						shall have a working, noncoin-operated, telephone with an outside line that is
						accessible to staff persons in emergencies.
(b) The facility shall have a communication
						system to allow staff persons to contact other staff persons in the facility
						for assistance in an emergency.
This section cited in 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living); and 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.91 - Emergency telephone numbers

Current through Register Vol. 54, No. 28, July 13, 2024
Telephone numbers for the nearest hospital, police
						  department, fire department, ambulance and poison control center shall be
						  posted on or by each telephone with an outside line.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.92 - Screens

Current through Register Vol. 54, No. 28, July 13, 2024
Windows, including windows in doors, shall be securely
						  screened when doors or windows are open.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.93 - Handrails and railings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						ramp, interior stairway and outside steps exceeding two steps shall have a well
						secured handrail.
(b) Each porch
						that has over an 18-inch drop shall have a well-secured railing.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.94 - Landings and stairs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall
						be a landing which is at least as wide as the doorway, beyond each interior and
						exterior door which opens directly into a stairway.
(b) Interior stairs shall have nonskid
						surfaces.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.95 - Furniture and equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Furniture and equipment shall be free of hazards.
(b) There shall be enough furniture to
						accommodate the largest group of children that may routinely congregate in a
						room at any given time.
(c) Power
						equipment shall be kept in safe condition.
(d) Power equipment, excluding normal
						household appliances, shall be stored in a place that is inaccessible to
						children.
(e) Power equipment
						excluding normal household appliances, may not be used by children except under
						supervision of a staff person.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.96 - First aid supplies

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall have a first aid manual, nonporous
						  disposable gloves, antiseptic, adhesive bandages, gauze pads, thermometer,
						  tape, scissors and syrup of Ipecac that are stored together.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.97 - Elevators

Current through Register Vol. 54, No. 28, July 13, 2024
Each elevator shall have a valid certificate of
						  operation from the Department of Labor and Industry.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.98 - Indoor activity space

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall have separate indoor activity space
						  for activities such as studying, recreation and group activities.
This section cited in 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living); 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs); and 55 Pa. Code §
														3800.311 (relating to exceptions
							 for day treatment).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.99 - Recreation space

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall have regular access to outdoor, or
						  large indoor, recreation space and equipment.
This section cited in 55 Pa. Code §
														3800.292 (relating to exceptions
							 for transitional living); and 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.100 - Exterior conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						exterior of the building and the building grounds or yard shall be free of
						hazards.
(b) Outside walkways shall
						be free of ice, snow and obstruction.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.101 - Firearms and weapons

Current through Register Vol. 54, No. 28, July 13, 2024
Firearms, weapons and ammunition are not permitted in
						  the facility or on the facility grounds, except for those carried by law
						  enforcement personnel.
This section cited in 55 Pa. Code §
														3800.302 (relating to exceptions
							 for outdoor and mobile programs).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part V - Children, Youth and Families Manual › Subpart E - Residential Agencies, Facilities and Services › Article I - Licensing/Approval › Chapter 3800 - CHILD RESIDENTIAL AND DAY TREATMENT FACILITIES › PHYSICAL SITE › Section 3800.102 - Child bedrooms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						single bedroom shall have at least 70 square feet of floor space per child
						measured wall to wall, including space occupied by furniture.
(b) Each shared bedroom shall have at least
						60 square feet of floor space per child measured wall to wall, including space
						occupied by furniture.
(c) No more
						than four children may share a bedroom.
(d) Ceiling height in each bedroom shall be
						at least an average of 7 1/2 feet.
(e) Each bedroom shall have a window with a
						source of natural light.
(f) Each
						child shall have the following in the bedroom:
(1) A bed with solid foundation and fire
						retardant mattress in good repair.
(2) A pillow and bedding appropriate for the
						temperature in the facility.
(3) A
						storage area for clothing.