ML20247H096

Intervenor Exhibit I-MAG-89,consisting of 102CMR7.00, Stds for Licensure or Approval of Group Day Care Ctrs

ML20247H096
Person / Time
Site:	Seabrook
Issue date:	05/17/1989
From:	AFFILIATION NOT ASSIGNED
To:
References
OL-I-MAG-089, OL-I-MAG-89, NUDOCS 8905310156
Download: ML20247H096 (36)

Text

{{#Wiki_filter:-- [ - Md b ~ N /%g O 6 s., 60-yva gyy-ol W 7/ff s IC2 CMR: OFFICE FOR CHILDR / i N M!* ' y. 102 CMR 7.00: STANDARDS FOR THE LICENSURE OR APPROVAL OF GAQUP..DA% CARE CENTERS Oy w z 3 P 6 :1 2 Section 6FF t a' 7.01: Introduction 00CM i

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7.02: Definitions BR M' " 7.03: Licenses and Approvals 7.04: Effective Date; Severance 7.05: Administration of the Center 7.00: Staff Requirements and Staffing Patterns 7.07: Program Services and Procedures 7.08: Food and Food Preparation 7.09: Sleep. Rest and Quiet Activity 7.10: Referal Servicer and Termination 7.11: Physical Facility and Equipment 7.12: Appendix 1 - Advisory Task Force 7.01: Introduction These standards are adopted in accordance with M.G.L. c. 28A particularly ss. 9 through 13 thereof, and in accordance with St,1972, c. 785, s.13. St. 1972, c. 785, which created the Office for Children, stresses the conimitment of state govemment to assuring every child "a fair and full opportunity to reach his full potential." In fulfilling its mandate as the agency responsible for licensing day care centers, the Office has developed specific regulations to be met by day care centers in order to provide this opporunity to the children they serve. The scope of these standards goes beyond previous regulations in that they 1 include specific provisions for care of infants and toddlers and special aeeds children up to age sixteen, as well as the general provisions for all children aged two and a half through seven in day care centers. The regulations reflect the belief that every aspect of a day care center's operation affects the children enrolled. The physical environment: administrative functioning, staff qualifications and numbers: procedures for health care, rest, meals, toileting and varied activities: and types of equipment available all contribute to the day care experience of a child and should maintain a maximum quality level which promotes healthy growth and development of children. The standards provide that all day care centers accepting infants and toddlers, children aged two and a half through seven and/or special needs children up to age sixteen, are: (a) soundly administered by qualified persons designated specific administrative and program responsibilities; (b) staffed by appropriate numbers of persons with experience. and/or education in the field of early childhood education; (c) providing a well-rounded variety of age-appropriate activities, toys, and equipment for children on a regular basis; i (d) able to meet the emergency health needs of the children (e) able to provide for the basic physical care of children, includmg j adequate nutritional meals and snacks, rest or sleep, and toileting i procedures: i (f) able to appropriately involve parents of children in day care in visiting i the center, meeting with the staff and receiving reports of their children's 1 progress: (g) located in physical facilities which meet fire safety requirements, are clean, comfortabic, and free from hazards such as lead-based paint. GENERAL ADMINISTRATION PROCEDURES O 7.02: Definitions Definitions. As used in 102 CMR 7.00, the following words shall have the followmg meanings unless the context otherwise requires: l (1) Administrator of Special Education. The person apppointed by the school committee of any city or town, or school district, wherein a child resides, to serve as the administrator of special education pursuant to M.G.L. c. 71B (St. 9/4/87 102 CMR - 93 l

e d 102 CMR: OFFICE FOR Cf f!LDREN 7.02: continued 1972, c. 766) and regulations issued pursuant thereto. (2) Applicant. The individual, designated by the person applying for group day care licensure or approval, who is responsible for the administration of such facility and who is designated as the chief administrative person and is a duly authorized agent of the person applying for licensure or approvat (3) Appmval. A certification in writing, whether full or provisional, issued by the Office to a department, agency, or institution of the Commonwealth or any political subdivision thereof, which authorizes it to operate a day care center. (4) Center. When used alone means a day care center. (5) Child. Any person at least one month of age and under seven years of age, or sixteen years of age with special needs. 1-(6) Children with Special Needs. Children at least one month of age and under sixteen years of age, who, because of temporary or permanent disabilities arising from intellectual, sensory, emotional, physical or environmental factors, or other specific leaming disabilities, are or would be unable to progress effectively in a regular school program. (7) Commissioner. The Commissioner of the Office for Children. (8) Day. Shall mean calendar days unless otherwise specified in the regulations. (9) Day Care Center. Any facility operated on a regular basis whether known as a day nursery, nursery school, Idndergarten, child play school, progressive school, child development center, pre-school, or known under any other name which receives children, not of or common parentage, under seven years of age, or under sixteen years of age if such children have special needs, for non-residential custody and care during part or all of the day separate from their parent (s). Day care center shall riot include: any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery or related pre-school services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day care home; an informal cooperative arrangement t-l among neighbors or relatives; or the occasional care of children with or without 4 compensation therefor. (10) Full Time. All the time the center is in operation. N (11) Croup. Two or more children who participate in the same activities at the p} $g 4 same time and are assigned to the same staff person for supervision, at the u} .uk 5 @ +g (q E o same time. o g x w c I} $D g (12) Infant. A child who is under fifteen months of age. (13) License. Any certification in writing, whether regular or provisional, Iv(@ issued by the Office to any person other than a department, agency or t-institution of the Commonwealth or any political subdivision thereof, which

,j authorizes sucb persons to operate a day care center.

(14) Licensed capacity. Determination by the Office of the number of children @Q which a day care center can care for at any one time under 102 CMR 7.00. {d (15) Licensee. Any person holding a license or approval issued by the Office. M f-y y h jy (16) Office. The Office for Children. a t, e 2 U$gN$Nh i:3.n f4 # I 6 6 3{> gk (17) Parent. Father or mother, guardian or person or agency legally authorized to act on behalf of the child in place of, or in conjunction with, the father, mother or guardian. 2/3/89 102 CMR - 96

~ 'W,t .. ' ' l.f ' ..!) y B 102 CMR: ' OFFICE FOR CHILDREN M , 7.02: continued '. l l 5 (18) Person. Any individual, partnership, corporation, association, organization ( - or trust or any department, agency or institution of the federal government or of the Commonwealth or any political subdivision thereof. j

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.(19) Sanitime. Effective bactericidal treatment of surfaces of equipment and > i-utensils. 4 (20) Toddler. A child. who 'is atl least fif teen' months of age, but under thirty-three months of age. i 7.03: Procedures for lasuins Licenses and Approvals -(1) Applications. Any person who wishes to establish and maintain a day care .C center serving children shall file an application, in writing, with the Office in a manner and on a form prescribed by it. Any person seeking to renew a license or approval shall file an application for such renewal,'in writing, with the Office in a manner and on a form prescribed by it not less than thirty (30) days prior to ' the date of expiration of his current license or approval. (2). Requirements for Applicant. The applicant (s)- shall have a background which,in the judgment of the Office, is free of conduct which bears adversely 1 on his/her ability to provide for the safety and well being of children. j i (3) Action by the Office. (a). Upon receipt and review of an application for a license or approval or . renewal, the Office shall issue or renew a license or approvalif it finds that j the applicant'is in compliance with these regulations. Review shall include, but not be limited to, interviews, site visits, review of ' records, and consultation related to licensing standards. Any false statement made on the application or renewal fonn, or any other communication to the Office shall be grounds for refusal to issue, refusal to renew, or grounds to revoke or suspend a license or appmval (b).. An applicant / licensee shall not qualify for a license or approval from the Office for five (5) years after suspension, revocation, or refusal to issue or renew a license or approval he!d by the applicant / licensee other pursuant similar to M.G.L. c. 28A or other licensing law. Thereafter, an applicant i shall only be eligible if.he/she can demonstrate a significant change. In j circumstances. '(4) Walvers. The Office may, upon written request,' waive any regulation contained in 102 CMR 7.05 through 7.11 and allow an attemative method for compilance with such regulations if the applicant provides clear and convincing I evidence, including, at - the request of the Office, expert opinion which demonstrates to the satisfaction of the Office that the applicant's alternative j method will comply with the intent of the regulation for which a waiver is 1 requested. The Office may consider any other evidence relevant to the request I for waiver. ] (6)o Term of License. A license or approval is valid for two years from the date j l of issuance unless revoked, suspended or made probationary. (6) Application Fee: The application shall be accompanied by a check made l l. payable to the Commonwealth of Massachusetts. A fee schedule can be i obtained from the Office. (7) Requirements for Pmvisional Licenses. If the Office finds that the applicant has not complied with, or is unable to comply with, all applicable regulations, or if the applicant seeks to operate a center which has not previously operated, the Otfice may issue a provisional license provided that care given in the center is adequate to protect the health and safety of the children and that the applicant provides the following documents: (a) a statement of the ownership of the conter, including the names and addresses of all owners, or, in the case of corporations, the officers, as required by 102 CMR 7.05(4)(a) and 7.05(4)(b); (b) in the case of corporations, partnerships, and associations, a copy of l their by-laws, as required by 102 CMR 7.05(4)(b); I h l L 3/17/89 102 CMR - 97 A= _ ' -_- _

+ 102 CMR: OFFICE FOR CillLDREN 7.03: cont.aued (c) a statement describing the facility's personnel policies as required by 102 CMR 7.06(7)(c); (d) : the applicant's completed CORI affidavit end evideru:e of each staff person's compliance with 102 CMR 7.06(7)(b)1, through 4. Evidence of a CORI evaluation shall be on file for each staff person pnor to issuance of a provisional license; (e) a copy of the health care policy as required by 102 CMR 7.07(14), and evidence of the availability of a physician, a public health nurse, a registered nurse or health clin /c director for consultation, as required by 102 CMR 7.07(15); (f) evidence of ability to provide an administrative designee and appropriate staff supervision and ratios, as required by 102 CMR 7.05(5), 7.06(2), and 7,06(16)-7.06(25); { (g) a copy of the written program plan, as required by 102 CMR 7.07(11) and l evidence of ability to fulfill the elements of the plan and a copy of the plan 'l providing referral services to parents, as required by 102 CMR 7.10(1); L, (h) if the facility has not previously operated as a licensed day care center, certification from a state or local health department that the facility is free of alllead based paint which is peeling or chipping and that lead based paint has been completely removed from all surfaces accessible to children, four feet from the floor or ground level of interior and exterior surfaces, as 1 required by 102 CMR 7,11(3). Centers which have previously operated must obtain lead testing of the facility during the first period of provisional . licensure and shall not obtain a regular license unless such certification is provided; (i) if the center serves hot meals for thirteen nr more children, or uses a private water source, a certification from the local health department that I the center is in compliance with applicable codes, as required in 102 CMR 7.11(2); (j) certification by the Department of Public Safety or the local building inspector, or a statement from the inspecting authority, providing conditional approval and indicating that children's safety would not be i endangered in the center, as required in 102 CMR 7.11(1); 1 (k) a written plan, agreed to by the Office, for compliance with the requirements in 102 CMR 7.00. (8) Term of Provisional License. A~ provisional license or appmval shall be I lasued for a period not to exceed six (S) months and may be renewed once for no more than six (6) months. In no case shall a person operate under a provisional j t license, pmvisional approval or renewal of a provisional license for more than twelve (12) consecutive months. VISITS BY THE OFFICE FOR CHILDREN . (9) Visits to Determine Compliance. Any employee of the Office, authorized in writing by the Commissioner, may, at any reasonable time, visit and inspect any center operated by a person who is subject to licensure or approval by the Office in order to determine whether such center is being operated in compliance with the law and with the regulations estab&hed by the Office. DEFICIENCY CORRECTION ORDERS i (10) Correction of Deficiencies. Whenever the Office finds upon inspection or through information in its possession that a person operating a day care center is not in compliance with any applicable licensing regulations of the Office, the 1 Office may order that person to correct such deficiency. (11) Content of Orders. Every such correction order shall be in writing and l shallinclude a statement of the deficiencies found, the period within which the deficiency must be corrected, and the provisions of law and regulation relied upon. The period shall be reasonable and, except when the Office finds an emergency dangerous to the health or safety of children, not less than thirty (30) days from receipt of such order. 3/17/09 102 CMR - 98

u,. r r 102 CMR: OFFICE FOR CillLDREN J 4 ,7.03: continued ' (12) Reauest for Administrative Reconsideration.' Within seven (7) days of such receipt, the person operating the center may file a written request with Office for administrative reconsideration of the order or any portion thereof. (13) Office Action on Requests for Reconsideration. - The Office shall grant or . deny such written request within seven (7) days of filing and shall notify the. operator of the center of such grant or denial. F (14)' Enforcement. In the event that 'the person operating the center fails to correct any deficiency within the period prescribed for correction, the Office -may enforce its correction order under 102 CMR 7.03(15) or 7.03(16) or in accordance with M.G.L. c. 28A, s.16. SUSPENSION,' REVOCATION AND REFUSAL TO ISSUE OR RENEW . LICENSES OR APPROVALS (15) Grounds for Adverse Action on Licenses or Approvals. After a hearing, . held pursuant to the Standard Adjudicatory Rules of Practice and Procedure 801 . CMR 1.00 et seq., the Office may revoke, suspend, refuse to issue or. refuse to renew a license or approval if it finds any of the following: (a) the applicant or licensee failed io comply with any applicable regulation or any deficiency correction order; -(b) the applicant or licenses submitted any ruisleading or false statement or report required under 102 CMR 7.00; (c) the applicant orlicensee refused to submit any report or make available any records required under 102 CMR 7.00;- (d) the applicant or licensee refused to admit, at a reasonable time, any employee of the Office authorized by the CommWoner to investigate or inspect, in accordance with 102 CMR 7.03(9). J (16) Suspension Without a Hearina.. (a) The Office may refuse to issue or may suspend any license or approval without a hearing if failure of the operator or liconsee to comply with any applicable regulation results in an emergency situation which endangers the life, health, or safety of children or staff present in the center. Any notice . of such refusal to issue or suspension of a license or approval shall be hand delivered or mailed to the licensee via first class mail registered return receipt requested. However, upon written request of an aggrieved party, delivered in hand or mailed to the Office via first class mail registered rettrn receipt requested, a hearing shall be held within seven (7) business M.. days of the delivery of such request; provided that such request is delivered in hand, or mailed to the Office within three (3) business days of such refusal to leeue or suspension of any license or approval. (b) Such notice of refusal to issue or suspension of a license or approval, pursuant to 102 CMR 7.03(16) shall include a copy of the provisions of this section. (c) The licensee shall notify parents of all ch11dren in the center of any such refusal to issue or suspension of a license or approval within two (2) business days of receipt of notice from the Office. h.. POSTING OF LICENSE, APPROVAL OR ORDER, REQUIRED NOTIFICATION AND AVAILABILITY OF REGULATIONS (17) Postina of License. Approval or Order. The licensee shall post, in a conspicuous place, any current license or approval issued to him by the Office and any notice of hearing, order or decision issued by the Office that pertains to the center. Such posting shall be in an area accessible to visitors and employees. (18) Notification of Legal Proceedings. Every licensee shall report,in writing, to the Office any legal proceeding (within ten (10) days of initiation of such pmceedings) brought against him or any person employed by the center if such proceeding arises out of circumstances related to the care of children in the center or to the continued operation of the day care program. 3/17/89 102 CMR - 99 +.... - -

.,-y% s .102 CMR; OFFICF. FOR ClllLDREN r -i 7.03: continued

l (19) Notification of Death or Serious injury. The licensee shall immediately report to the Office the followmg:

(a) the death of any child which occurs while such child is in care; (b) any injury to, or illness of. any child which occurs during the hours while i such child'is enrolled in care and which requires inpatient hospitalization overnight. .(20) Notification of Change of' Ownership; The licensee shall provide notifica. tion, in writing, to the Of fice prior to any change in ownership of the center. (21) Notification of Channe in Chief Administration. The licensee shall provide prior notification, in writing, to _the Office of any change in the person designated by the owner or the goveming body as having responsibility for, administration of the facility. (22) Channe in Location. The licensee shall provide prior notification, in writing, to the Office of any change in location of the center. l (23) Availability of Regulations. The licensee shall have a copy of these regulations on the center premises and shall make them available to any person upon request. TRANSFER OF LICENSE (24) Transfer of License. A license or approval shall not be transferable from one licensee to another; from one center to another; from one location to another; or from one owner to another, 7.04: Effective Date of Standards (1) Effective Date. The effective date of these standards is the date of publication by the Secretary of the Commonwealth. (2) Licenses issued Under Previous Standards. Any license, or approval, ?n effect immediately prior to the effective date of these standards shall remain in effect, unless suspended or revoked, until a new license or appmvalis issued or expressly refused under these standards. Any license, or approval. Issued i after the effective date of these standards shall be deemed to be in effect prior to said effective date if the Office's application for said license is signed by the applicant prior to the effective date of these standards. (3) Severance. If any provision contained in these regulations or the ~ application thereof to any person or circumstances is held invalid, the remainder of the regulations and the application of provisions in question to other persons not similarly situated, or to other circumstances, shall not be affected thereby. 7.05: Administration of the Center (1) Statement of Furpose. Each licensee shall keep and maintain a written statement identifying the center's philosophy; its goals and objectives; the characteristics of children served, including but not llmited to age, sex, special needs; its intake procedures and the services provided. The licensee shall provide each child's parent (s) with a copy of this statement, shall make this statement available upon request to any person and shall keep such statement current. (2) Non-Discrimination. The licensee shall not discriminate in providing services to children and their families on the basis of race, religion, cultural heritage, political beDefs or marital status. (3) Fee Schedule. The IMensee shall maintain a written fee schedule for the services provided. Such schedule shall be provided to parents and to any person upon request and shall be kept current. v 9/4/87 102 CMR - 100 = _.

-e l 1 102 CMR: OFFICE FOR CHILDREN 7.05: continued AUTHORITY TO OPERATE AND REQUIREMENTS FOR ADMINISTRATOR (4) Evidence of Authority to Operate. Each licensee shall have documentary evidence of his source of authority to operate the center: (a) A center operated by the Commonwealth or any political subdivision thereof shall keep and maintain documents that identify the statutory basis of 2ts existence, and the administrative framewnrk of the governmental depart nent in which it operates (b) A private center shall keep and maintain documents that fully and completely identify its ownership. Corporations, partnerships, or associations shall identify their officers and maintain a file which shall include, where applicable, the charter, partnership agreement, constitution, articles of organization and by-laws. (5) Center Administration and Designation of Administrator. (a) The licensee shall designate in writing at least one person who meets the administrator requirements of 102 CMR 7.05(6) and who is duly authorized to act as an agent for the licensee and who shall be responsible for the center administration as set forth in the administrative plan. (b) The licensee shall establish, in writing, an administrative plan for the operation of the center including: business management and record keeping as required by 102 CMR 7.05(9); development and maintenance of the early childhood education program of the center, including, if applicable, infant / toddler and special needs children; staff development, supervision and training; parent involvement and social services. (c) If administrative duties are shared, the plan shall include the specific duties and hours of each person and will demonstrate that administrative duties are carried out by at least one person who is a full-time staff member on the premises and who meets the administrator requirements set forth in 102 CMR 7.05(6). (d) The licensee shall not utilize staff to perform administrative duties when they are assigned teaching duties with groups of children. (6) Requirements for Center Administration. (a) The admirustrator for centers with the following licensed capacities may be counted in the staff / child ratio and assigned to a group of children; and shall meet the requirements set forth below: 1.1 - 12 Must be at least lead teacher qualified pursuant to 102 CMR 7.06(16). 2.13 - 24 (centers operating four or fewer hours per day) Must be at l least lead teacher qualified pursuant to 102 CMR 7.06(16). j 3.13 - 24 (centers operating more than four hours per day including i those with separate moming and aftemoon sessions) Must be at least Director i qualified as specified in 102 CMR 7.06(2)(e). j

4. 25 - 39 (centers operating four or fewer hours per day) Must be at I

least Director i qualified as specified in 102 CMR 7.06(2)(e). (b) Centers with licensed capacities of 25 to 39 children including those operating more than four hours per day and those with separate morning and i afternoon sessions must allocate at least 50 per cent of a full-time position for non-teaching administrative and pro 8 tam development duties. At least one staff member designated to carry out these duties shall be full-time on 4 the premises during the hours of program operation and shall meet the 1 requirements set forth below:

1. 25 - 39 (centers operating more than four hours per day including those with separate morning and afternoon sessions) Must be at least Director I qualified as specified in 102 CMR 7.06(2)(e).

(c) Centers with licensed capacities of 40 or more children must allocate a full-time non-teaching position for administrative and program development duties. At least one staf f member designated to carry out these duties shall be full-time on the premises during the hours of program operation and shall meet the requirements set forth below:

1. 40 - 79 Must be at least Director i qualified as specified in 102 CMR 7.06(2)(e).

2. 80 and over Must be Director 11 qualified as specified in 102 CMR 7.06(2)(f).

3/31/89 (2/3/89 - corrected) 102 CMR - 101

.4 102 CMR: OFFICE FOR CHILOREN j 7.05: continued (7) OrnanizationalInformation. Information on the administrative organization of the center shall be provided to parents and staff, including identification of lines of authority and supervision. [ (8) Provisions for Temporary Absence of Administrator. The licensee shall inform all staff on duty as to who is responsible for administration of the center at any given time. In the event of the temporary absence of the administrator, the administrator may appoint a designee who shall be on the premises of the center while it is in operation. The designee shall meet the qualifications of a i-teacher, as required by 102 CMR 7.06(2)(b). (9) Business Management. The licensee shall establish a system of business management and staffing to assure that the center maintains complete and accurate accounts,- books - and records, including required personnel-and 1 l children's records. RESEARCH UNAUTHORIZED ACTIVITIES AND UNUSUAL TREATMENT (10) Research and Experimentation: Unusual Treatment. No licensee shall conduct research, experimentation, or unusual treatment involving children without the written, infonned, consent of the affected child's parents or guardian, for each occurrence. In centers where observations of children (by other than parents of the children in the center) are common, a general parental consent may be obtained in writing. Observation shall mean that there is no interaction between the child and the observers and no identification of the ' individual child. In no case shall the licensee allow physical harm of children to be carried out during research, experimentation or unusual treatment. ' Research and experimentation shall not mean program evaluation or data collection for purposes of documenting services of the facility which do not identify individual children. (11) Unauthorized Activities. The licensee shall not authorize any activities unrelated to the direct care of children or to any contacts with the parent (s) or guardian without the written, informed consent of the parent (s) or guardian. " Activities" shall mean, but not be limited to: (a) fund raising; (b) publicity, including photographs and participation in the mass media. PARENT INVOLVEMENT (12) Parent Visits. The licensee shall permit and encourage parents to visit the center and their child's room while their child is present. (13) Parent input. The licensee shall have a pmcedure for allowing parental input in the development of conter policy and programs. The licensee shall provide an explanation to the parent (s) when a parent (s) makes suggestions as to the program or policy of a center and the suggestions are not adopted by the i licensee. If the parent requests a written response, the licensee shall respond m J writing to the parent. l (14) Reports to Parents. The licensee shall, periodically but at least every six (6) months, prepare a written progress report of the participation of each child in the center's program. This report shall be maintained in the child's records. The licensee shall provide a copy of each report to the parent (s) or meet with ) them at least every six (6) months to discuss their child's activities and participation in the center. In additiom (a) for infants under fifteen months of age, the licensee shall complete a written progress report of the child's development every three (3) months, and provide it to the parent (s); (b) the licensee shall bring special problems or significant developments, particularly as they regard infants, to the parent's attention as soon as they arise. (15) Parent Conferences. The licensee shall make the staff available for I individual conferences with parents at parental request. 3/17/89 102 CMR - 102

s R ~ q.7 , (+; -.r .j

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+ n o 1;' M 102 CMR: OFFICE FOR Cillt.DREN. } t 7,05: continued. l (16) Notification to Pare c,5. The licensee shall notify all parents, in writing, of ; j the provisions in 102 Cy.n 7.05(12) through 7.05(15) at the time of the admission p interview. -i RECORDS AND CONFIDENTIALITY-1(17) Children's Records. The licensee shall mainteln'a written record for each " child which includes: (a) A face sheet or sheets, which identifies the child by the following- . information, where available: 1, the name, date of admis: ion, date of birth, place of birth, and primary. m g~.' language of the child and parent (s), if other than English; 1 2.' the parent's name, address, and phone number (home and business);.

3. name, address and-phone number of person to contact in case of 1

emergency when the parent is unavailable;

4. sex, race, height, weight, color of hair, color of eyes, and any identifying marks; 1

1.'. I: 2/3/89 102 CMR - 102.1 = _ _ _ =. _ - : __

n 102 CMR: OFFICE FOR CHILDREN NON-TEXT PAGE i [- 2/3/89 102 CMR - 102.2 l-L

~ ~~ ~ ~ ~~ ~ - ~ ~~~ - - ~ 4 e

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c ' y 6 N > q[ g;f 1 1102 CMR: OFFICE FOR Cillt,DREN .:n v 4 A

7.05:' continued I (b) Copies of periodic progress reports, as required in 102 CMR 7.05(14).

' (c) Medical' records indicating the child's health while enrolled, including,

admissions and physical examinations, as required in '102 CMR 7.07(4) and -

7.07(18); immunizations, as required in 102 CMR 7.07(5); and a record of any - prescribed medications administered to the child, as. required in 102 CMR 7.07(17). E i(d) Individual program plans, and periodic review of.such plans, for any. special needs child, as required in 102 CMR 7.07(7);.. (e)' All necessary authorizations and consents and information required in - X 102 CMR 7.07(9);' s (f) All pertinent correspondence conceming the child, including referrals for social services, as required in 102 CMR 7.10(2). (18) Maintenance of Records. The licensee shall maintain records which shall be legible, dated and signed by the individual making the entry. The licensee shall continually update all infonnation in the children's record. The licensee shall retain records for a period of at least five (5) years after a child has left ' the center unless the record has been transferred to the parent, as provided for in 102 CMR 7.05(22). (19) Confidentiality and Distribution of Records. Information contained in a. child's record shall be privileged and confidential. The licensee sh;.ll not = distribute or release information in a child's record to anyone not directly - related to implementing the program plan for the child without the written . consent of the child's parent (s). The licensee shall notify the parent (s) if a child's record is subpoenaed. The child's parent (s) shall, upon request, have access to his child's record at reasonable times; In no event shall such access be delayed more than two (2) business days after the initial request without the consent.~ of the child's parent (s). Upon such request for access the child's entire record, regardless of the physical location of its parts, shall be made available. The licensee shall establish procedures goveming access to, duplication of, and dissemination of - such information; and shall maintain a permanent.' written log in each child's record indicating any persons to whom information contained in a child's record has been released. Each person disseminating. or releasing information contained in a child's record, in whole or in part, shall,'upon each instance of dissemination or release, enter into the log the following: his name, signature, position, the date. 'the portions of the record which were disseminated or released, the purpose of such dissemination or release, and the signature of the person to whom the information is disseminated or released. Such log shall be available only. to the child's parent (s) and center personnel responsible for record maintenance. (20) Charme for Cooies.' The licensee shall not charge an unreasonable fee for copies of any information contained in the child's record. (21) Amendina the Child's Record. (a) A child's parent (s) shall have the right to add information, comments, data or any other relevant meterials to the child's record; (b) A child's parent (s) shall have the right to request deletion or amendment of any information contained in the child's record. Such request shall be made in accordance with the procedures described below;

1. If such parent (s) is of the opinion that adding information is not sufficient to explain, clarify, or correct objectionable material in the child's record, he shall have the right to have a conference with the licensee to make his objections known;

2. the licensee shall, within one (1) week af ter the conference, render to such parent (s) a decision in writing stating the reason or reasons for the decision. If his decision is in favor of the parent (s), he shall immediately take steps as may be necessary to put the decision into effect.

(22) Transfer of Records. Upon written request of the parent (s), the licensee l shall transfer the child's record to the parent (s), or any other person the - parent (s) identifies, when the child is no longer in care, i .3/17/89 102 CMR - 103

e 102 CMR: OFFICE FOR Cli!LDREN 7.05: continued (23) Notification to Parents. The licensee shall notify the parent (s), in writing, of the provisions of 102 CMR 7.05(19), 7.05(20), 7.05(21), 7.05(22) and 7.05(24), at the time of the child's admission to the center and thereafter, in writing, sit least once a year. INFORMATION REQUIRED BY THE OFFICE (24) Availability of Information to the Office. Notwithstanding 102 CMR 7.0$(19), upon request of an employee, authorized by the Commissioner and involved in the regulatory process, the licenses shall make available to the Office any infonnation required to be kept and maintained under these regulations and any other information reasonably related to the requirements of these regulations. Authorized employees of the Office shall not remove identifying case material from the center's premises..:A shall maintain the confidentiality of individual records. 7.06: Staff Requirements and Staffinn pattems STAFF QUALIFICATIONS AND PERSONNEL PROCEDURES (1) For the purposes of staff qualifications in 102 CMR 7.06(2) the following definitions shall apply: (a) Alternative Early Childhood Training Program. The successful completion of a post-secondary early childhood teacher training program, approved by the Office, which includes both academic, study of the categories in 102 CMR 7.06(3) and at least one practicum as defined below. (b) Early Childhood Continuing Education Unit. An Early Childhood Continuing Education Unit (CEU) is recognition for participation in an early childhood learning pmgram designed for staff at day care centers. One CEU is granted for each to hours of instruction. CEUs must be approved by organizations designated by the Office. (c) Practicum. The successful completion of a minimum of 150 hours, over at least a 10 week period, of direct work with infanto and toddlers or preschoolers, supervised by personnel from an institution of higher teaming or an alternative early childhood training program, with at least three site visits, including conferencing, and placement with a lead teacher qualified staff member. Responsibilities of the student intem shall include program planning, parent relations, and management of the whole group for a portion of the placement. The practicum must be with the appropriate chronological or developmental age to qualify staff to work with the corresponding age group. One practicum may substitute for nine months of work experience. (d) Related Field of Study. A program at an accredited institution of higher learning which includes the study of caregiving, development, education, health care, or psychology of children, birth to eight years of age, or provision of direct services to children and their families. (e) Work Experience. Experience in providing direct care and teaching during all types of program activities to a group of children, one month to seven years of age, or special needs children tap to age 16, at least 12 hours per week, on a regular basis, in periods of at least four weeks in one program. Work expedence of less than 12 houm per week may count as follows: 50 hours of consistent work at one program is equivalent to one month of work experience. Work experience, whether paid or unpaid, must meet the staff development requirements in 102 CMR 7,06(14). Work experience must be in a licensed group day care center, family day care home or equivalent program accepted by the Office. (2) Staff Qualifications. The licensee shall employ directors, lead teachers, teachers, assistant teachers, and consulting resource teachers who by prior education, training, experience and interest in fostering development and early childhood education are qualified to meet the needs of the children enrolled, and who meet the qualifications for their respective staff positions. (a) Assistant Teacher.

1. Must be at least 16 years of age or have a high school diploma or equivalent; must work at all times under the direct supervision of at least a teacher qualified stafI person.

2/3/89 102 CMR - 104 L..

e 1 mi y 102 CMR: OFFICE FOR CHILDREN 7.06: continued (b) Teacher.

1. Must be at least 21 years of age or have a high school diploma or eouivalent and meet one of the following sets of requirements:

have successfully completed three credits in category 102 CMR .i3)(a) Child Growth and Development and have nine months of work experience or one practicum; or -

b. have a Child Development Associate (CDA) Credential; or

c. have graduated from a two-year high school vocational program in early childhood education, appmved by the Office for both the education and experience requirements and have been evaluated and recommended by the program instructor.

2. The following education may substitute for a portion of the required work experience:

a. An Associate's or Bachelor's degree in early childhood education or a related field of study may substitute for six months of the required experience.

)

b. A Bachelor's degree in an unrelated field of study may substitute for three months of the required experience.

c. For infant-toddler teachers, one continuing education unit (10 hours of instruction) in category 102 CMR 7.06(3)(g) Infant and Toddler Development, Care and/or Program Planning may substitute for three months of work experience.

3. Tc be quclified as a preschool teacher, three rnonths of the required work experience must be in caregiving to preschool age children.

4. To be qualified as an infant / toddler teacher, three months of the required work experience must be in categiving to infant / toddlers.

(c) Lead Teacher for Infants and Toddlers.

1. Must be at least 21 years of age and meet one of the following sen of requirements for education and experience. At least nine months of work experience or one practicuni must be with infants and toddlers. If ull work experience is with infants and toddlers, the total work execrience required is reduced by one-third.

a. High School diploma or equivalent; 12 credits in at least four categories,1" CMR 7.06(3)(a)-(k) including three credits in category (a), Child Crowth and Development and three credits in category (g). Infant and Toddler Care; and 36 months of work experience.

b. High School diploma or equivalent; Child Development associate (CDA) Credential in Center-Based, dome Visitor or Family Day Care setting with infant / toddler endorsement; three cradits in category 102 CMR 7.06(3)(a), Child Growth and Development; and 27 months of work experience.

c. Associate's degree in Early Childhood Education or a related field of study; 12 credits as specified in 102 CMR 7.06(2)(c)(la) and 18 months of work experience.

d. Bachelor's degree in an unrelated field of study; 12 credits as specified in 102 CMR 7.06(2)(c)(la) and 18 months of work experience.

e. Bachelor's or advanced degree in Early Childhood Education or in a related field of study; 12 credits as specified in 102 CMR 7.06(2)(c)(la) and nine months of work experience.

f. AMernative Early Childhood Training Program,12 credits as specified in 102 CMR 7.06(2)(c)(ta), and 27 months of work experience.

(d) Lead Teacher for Preschoolers.

1. Must be at least 21 years of age and meet one of the following sets of requirements for education and experience. At least nine months of work experience or one practicum must be with preschoolers.

a. High School diploma or equivalent; 12 credits in at least four categories,102 CMR 7.06(3)(a)-(k) including three credits in category (a), Child Crowth and Development, and two credits in category (b)

Planning Programs, (c) Curriculum or (d) Classroom management, and 36 months of work experience,

b. High School diploma 0 equivalent; Child Develop;nent Associate

(~:DA) Credential in Center Based, Home Visitor, or Family Day Care soting with a preschool endorsement; 3 credits in category 102 CMR 7.06(3)(a), Child Growth and Development; and 27 months of work experience. 2/3/60 102 CMR - 105

I' 102 CMR: OFFICE FOR ClllLDREN I 7.06: continued

c. Associate's degree in Early Childhood Educatien or a related field of study; 12 credits as specified in 102 CMR 7.06(2)(d)(la) and 18 months of work experience.

d. Dachelor's degree in an unrelated field of study; 12 credits as specified in 102 CMR 7.06(2)(d)(la) and 18 months cf work experience.

e. Bachelor's or advanced degree in Early Childhood Education, K.1 Teacher of Young Children with Special Needs Certification from the Department of Education, or in a related field of study; 12 credits as specified in 102 CMtt 7.06(2)(d)(la) and 9 months of work experience,

f. Altemative Early Childhood Training Program; 12 - credits as specified in 102 CMR 7.06(e)(d)(la), and 27 months of work experience.

(e) Director 1 must meet the requirements of lead teacher; have six months of work experience af ter meeting lead teacher qualifications; have evidence of satisfactory completion of at least two credits or three CEUs in estegory 102 CMR 7.06(3)(1), Day Care Administration; and have evidence of satisfactory completion of at least two additional credits or three CEfI's in any category 102 CMR 7.06(3)(a)-(k). (f) Director !! must meet all the requirements of Director I anc

3ve evidence of satisfactory completion of an additional two credits or iree CEU's in any category 102 CMR 7.06(3)(h)-(l).

(3) Categories of Study. The requirement for a category of study must ba met i with credits from an accredited institution of higher teaming, alternative early I childhcod training program or with at Early Childhood Continuing Education Unit (CEU). Four CEUs are equal to three credits, three CEUs are equal to two credits. CEUs will not apply to category (a), Child Growth and Development. No more than three of the required twelve credits for lead teacher certification may be met with CEUs. The study of Early Childhood Education shall be categorized follows: (a) Child Growth and Development, Birth-Eight Years. (b) Planning Programs and Environments for Young Children (c) Curriculum for Early Childhood Settings (d) Child and Classroom Management (e) A:'vanced or Specialized Early Childhood Education or Development (f) Children with Special Needs. Birth-16 years. (g) Infant and Toddler Development. Carc, andior Program Planriing (h) Health and Safety in Early Childhood (i) Families and Community (j) Day Care Policy (k) Supervision or Staff Development in Early Childhood Education (1) Day Care Admirustration (4) Effective Date of Staff Requirements and Trransition Process (a) Administrative requirements as specified in 102 CMR 7.0S(5)(a) and (c) and 102 CMR 7.05(6) shall be ef fective on january 1,1990. (b) Staff ratios as specified in 102 CMR 7.06(13)(d) shall be effective on January 1,1990. (c) All assistant teachers, teachers and head teachers previously or currently emplond in licensed group day care centers on the effective date of these regulations, who meet the previous requirements for teacher or head teacher and who submit to the Office all appropriate documentation of education and experience, by January 1,1990, shall be issued a permanent record of teacher or lead teacher status. (d) Administrators employed in licensed group day care centers on the effective date of these regulations, who meet the previous requirements for head teacher and who submit to the Office all appropriate documentation of education and experience, by January 1,1990, shall be issued a permanent record of Director I or Director !! status, pursuant to 102 CMR 7.05(6). 1 (5) In inose centers licensed to at: cept children with special needs, the licensee shali have available a consulting resource teacher, either full-time or part-time, paid or volunteer. The consulting resource teacher shall aid in i evaluating special needs children, shall aid in developing and shall approve, in writing, each special needs child's program plan, shall supervise the 1 2/3/89 102 CMR - 106 l

A 2 l

L 102 CMR

OFFICE FOR CHILDREN i

7.06: continued implementation of the plan, and shall be the liaison with the appropriate special education administrator and any other agency or hospital involved with the child. In cases where a child has received a core evaluation under Chapter 766 of the Acts of 1972, the person appointed by the Local Educational Authority may,if they meet the following requirements, serve as the consulting resource i-teacher. The consulting resource teacher shall meet the following minimum requirements: (a) have a Bachelor's degree in early childhood education, special education, psychology, or related fields which includes at least four (4) courses on special needs children and shall have eighteen (18) months, at least half-time experience, providing care to or teaching children with special needs; or @) have a Master's degree in early childhood education, special education, psychology or related fields which includes at least four (4) courses or. special needs children; and nine (9) months, at least half-time experience, ptr*viding care to or teaching children with special needs. (6) Availability of personnel Qualifications. The licensee shall have on file at the center evidence acceptable to the Office of qualifications of staff required by these regulations. i (7) personnel. (a)- Employment Background Information. Each person employed by the licensee, who has unmonitored contact with children, shall have a background free of conduct which, in the judgment of the licensee, bears adversely upon his or her ability to provide for the safety and well-being of a child (ren). The licensee shall determine whether an employee's or potential employee's conduct. criminal or otherwise, shall disqualify that person from employment. In making this determination, the licensee shall consider at least the following conduct: 1. Engaging in, or having engaged in conduct which results in his/her child being adjudicated to be in need of care and protection. 2. Use of alcohol or drugs to an extent or in a manner that is determined by the licenace to impair the his/her ability to care for children properly. 3. Having engagard in conduct which results in a criminal conviction included in a relevant CORI, or engaging in, or having engaged in, any other conduct, criminal or otherwise, detennined by the licensee, to impair the employee's ability to care for children. a. A relevant CORI will consist of those convictions which the Office for Children determines may affect the individual's ability to have contact with children in a licensed facility or program,

b. The relevant CORI report may consist of convictions for any offense involving sexual or physical abuse, any offense involving children, and certain violent or drug-related crimes.

c. The licensee shall request a relevant CORI report for only those employees who will have unmonitored contact with a child (ren).

Unmonitored contact shall be defined as being alone with one or more children for longer that five minutes in a II?ensed program with no other staff member or volunteer in the immediate area within sight or within hearing distance) or removal of a child (ren) fmm the licensed premises by an individual without the presence of another staff member or volunteer in the immediate area. (b) Procedures to obtain and review relevant CORI reports: 1. The licensee shall obtain from those employees identified in 102 CMR 7.06(3)(a).c. completed CORI affidavit. 2. Each licensee shall submit to the Office the names of employees in 102 CMR 7.06(7)(b)1 with their completed affidavits. 3. The Office shall provide the relevant CORI report to the employee and shall notify the licensee that such report exists. Within five (5) business days of receipt of notification, the employee and the licensee must review the report in order for the licensee to determine whether the conviction (s) disqualifies the employee from having unmonitored contact with children. Af ter the review of the report, the licensee shall return to the Office both its notification and the employee's report. 3/17/89 102 CMR - 107

e 102 CMR: OFFICE FOR CHILDREN r 7.06: continued 4. If the employee does not provide his/her COR! report to the licensee, the 12ensee must return its notification to Office for Children within five (5) working days. 5. Each licensee sM1 ensure that t;mployees shall not have unmonitored contact with a ch!!d(ren) until the licensee determines that the requirements of 102 CMR 7.06(7)(a) and (b) are met. (c) Personnel Policies. In certers with four(4) or more paid staff members, the licensee shall describe, in writing, the center's current personnel policies and practices and shall make them available to all employees and prospective employees at the center. Such personnel policies shall include, when appropriate, a description of: 1. Criteria and procedures for hiring, pmmotion, probationary periods, disciplining, suspension, and dismissal of any staff person; 2. The procedure for handling staff complaints; 3. Provisions for vacations, holidays, leaves and sick days; 4. Information on probation periods; hours of work, incl. ding staff meetings and training sessions; overtime; skeleton days; jury duty; bereavement pay; breaks; andleaves of absences. (d) Staff records. The licensee shall maintain a persormel record for each staff person which shall include, but not be limited to the following documents, to be made tvailable to the Office upon request: 1. Employee's resume or job application. 2. Documentation of employmen' l-istory and reference checks by telephone. 3. Documentation that the employee has the experience required to qualify under 102 CMR 7.06(2)(b)(c)(d)(e)(f) and 102 CMR 7.06(5). 4. Evidence from an institution of higherlearning that the employee has satisfactorily completed the courses required to qualify under 102 CMR 7.06(2)(b)(c)(d)(e)(f) and 102 CMR 7.06(5). 5. Documentation of completed CORI evaluation as required by 102 CMR 7.06(7)(a) and (b). 6. Health records as required by 102 CMR 7.07(19). 7. Verification of first aid training as required by 102 CMR 7.07(16)(a). 8. Documentation of the criteria and procedure used to hire, discipline or dismiss a staff person based on the requirements of 102 CMR 7.06(7)(c).1. (8) Iob Descriptions. In centers with four (4) or more paid staff members, the licensee shall make available written job descriptions for all paid staff positions. (9) Salary Ranges. In centers with four (4) or more paid staff members, the licensee shall establish and describe, in writing, a salary range covering all positions and shall provide each employee with infortnation regarding the salary range fer his position or the procedure for determining the salary for his position. (10) Evidence of Required Certification, Licensure or Registration. The licensee shall obtain, upon request of the Office, evidence that personnel are currently certified. Licensed or registered where applicable laws require certification, licensure or registration. (11) Staff Orientation. The licensee shall provide orientation for all staff. The licensee shall describe,in writing, the center's plan for orientation which shall include at a minimum, but not be limited to, the center's philosophy, organization, policies and pmcedures. The licensee shall not assign staff to be responsible for a group of children nor utilize staff to supervise others until s/he has received the minimum orientation described above. (12) Staff Training. The licensee shall provide or make available training to increase skills and competence of classroom staff. The licensee shall document a minimum of 20 hours of training, per calendar year, (13) Staff Meeting. The licensee shall provide regular staff meetings to address center issues of programming, meeting individual needs of children, policies, procedures. and parent communication. The licensee shall document a minimum of two hours of staff meeting time per month and the topics addressed. 3/17/89 102 CMR - 108

h j 102 CMR: OFFICE FOR CIllLDREN 7.06: continued (14) Staff Development. The licensee shall describe, in writing, a staff development plan for classro<,m staff, including volunteers who want their experience to count towards the staff qualifications requirements for work experience. The plan shall provide opportuniiles for staff to improve their skills in program planning and group leadership and to observe teaching and caregiving behaviors. The plan shall include observation by and conferencing with at least a lead teacher qualified person, at least every two months. (15) Volunteers or Student Intems. (a) Volunteers, including student teachers or intems, shall be chosen for their ability to meet the needs of the children in care and shall be provided appropriate orientation, training, supervision, and staff development. (b) Each volunteer who has unmonitored contact with children shall have a background whicit, in the judgment of the licensee, is free of conduct which - bears adversely upon his or her ability to provide for the safety and well being of children. For each such volunteer, the licensee shall have evidence of compliance with 102 CMR 7.06(7)(a) and (b) and have conducted and documented at least one reference check. (c) In the event that the volunteer is a parent who has a child enrolled in the - day care center and that parent is not included in the required staff / child ratio, then 102 CMR 7.06(7)(a) is not applicable. (d) The licensee shall describe, in wrHing, any arrangements with any schoci description of student or professional training program., including a responsibilities and supervision of students by the school or training program and the day care center. STAFF RATIOS AND GROUPINGS (16) Lead Teachers. _ The licensee shall provide a full-time staff member on the premises meeting lead teacher justifications in 102 CMR 7.06(2)(c) or (d). (a) In centers serving only preschoolers, the licensee shall provide a full-time staff member on the premises meeting lead teacher qualifications in 102 CMR 7.06(2)(d). (b) In centers serving only infant / toddlers, the licensee shall pmvide a full-time staff member on the premises meeting lead teacher qualifications in 102 CMR 7.06(2)(c). (c) In centers serving infant / toddlers and preschoolers, the licensee shall provide one full-time staff member on the premises meeting both preschool and infant / toddler lead teacher qualifications. If this responsibility is shared, the licensee shall demonstrate that at least one staff person is preschool lead teacher qualified, and at least one staff person is infant / toddler lead teacher qualified. (d) In all centers with licensed capacities of more than 39 children, and for I every increase in the licensed capacity of 40, the licensee shall provide one additional full-time person on the staff within the ratios who meets the qualifications for lead teacher. (17) Infants: Staff Ratios and Groupings. (a) 1he licensee shall not have inGnts in groups larger than seven (7). (b) The licensee shall have assigned at all times, one (1) teacher for the first three (3) infants and an additional teacher or teaching assistant for four (4) to seven (7) infants; j (c) At least one (1) of the persons assigned at all times, to a group of infants shall meet the requirements under 102 CMR 7.06(2)(b) for a teacher; (d) The licensee shall not have groups which mix infants with children two (2) years, nine (9) months or older, i (18) Toddlers: Staff Ratios and Groupinsts. (a) The licensee shall not have toddlers in groups larger than nine (9); (b) The licensee shall have assigned, at all times, one (1) teacher for the first four (4) toddlers and an additional teacher or teaching assistant for five (5) to nine (9) toddlers; (c) At least one (1) of the persons assigned at all times, to a group shall meet the qualifications for a teacher under 102 CMR 7.06(2)(b). } 3/17/89 102 CMR - 108.1

r 102 CMR: OFFICF, FOR CillLDREN 7.06: continued (19) Toddlers: Staff Ration in Older Ane Mixed Groupinas. When toddlers are . In groups with children aged two (2) yeers, nine (9) months or older, the hcensee shall pmvide: (a) a staff / child ratio not less than one staff person for each five (5) children; (b) groups no larger than nine (9) children; (c) at least one person assigned to the group, at all times, who meets the qualifications for a teacher under 102 CMR 7.06(2)(b). (20) Infants and Toddlers: Staff Ratios in Mixed Groupinas. When infants and toddlers are gmuped together, the licensee shall provide: (a) groups no larger than nine (9); (b) no more than three (3) infants in the mixed group; (c) one (1) teacher shall be. assigned for the first three (3) Infants and toddlers, and an additional teacher or teaching assistant for four (4) to nine (9) children; (d) at least one (1) of the persons assigned shall meet the qualifications for a teacher under 102 CMR 7.06(2)(b). (21) Children at least Two Years, Nine Months, but Less than Four Years, Nine Months: Staff Ratios and Groupinas in Full Day Centers. (a) The licensee shall not group children aged -t least two (2) years, nine (9) months, but less than four (4) years, nine (9) months of age in groups larger than twenty (20); (b) The licensee shall assign one (1) teacher or teaching assistant for each ten (10) or fewer children: (c) One (1) of the persons assigned to a group shall meet the qualifications of a teacher under 102 CMR 7.06(2)(b). (22) Children at least Two (2) Years, Nine (9) Months, but Less than Four Years, Nine Months: Staff Ratios and Groupinas in Half Day Centers. (a).in centers operating four (4) hours or less per day, or in centers where no child (2) attends more than four (4) hours per day, the licensee shall place children two (2) years, nine (9) months, but less than four (4) years, nine (9) months of age, 8: groups no larger than twenty-four (24) children; (b) In centers operating for four (4) hours or less per day, or in centers e where no child attends more than four (4) hours per day, the licensee shall assign one teacher or teaching assistant for each twelve (12) or fewer children at least two (2) years, nine (9) months, but less than four (4) years, r,ine (9) months of age. (c) One (1) of the persons assigned to a group shall meet the qualifications for a teacher under 102 CMR 7.06(2)(b). (23) Children At Least Four Years, Nine Months, but Less than Seven Years: Staff Ratios and Groupinas. (a) The licensee shall not have children, four (4) years, nine (9) months, but less than seven (7) years of age, in groups larger than thirty (30); (b) The licensee shall assign one (1) teacher or teaching assistant for each fif teen (16) or fewer children; (c.) One (1) of the persons assigned to a group shall meet the qualifications for a teacher under 102 CMR 7.06(2)(b). (24) Children At least Two (2) Years, Nine (9) Months, but Less than Seven (7) Years: Staff Ratios and Groupinas in Mixed Groups. (a) The licensee shall not have children two (2) years, nine (9) months, but i less than seven (7) years of age in mixed groups larger than twenty (20); (b) The licensee shall assign one (1) teacher or teaching assistant for each ten (10) or fewer children, at least two (2) years, nine (9) months, but less than seven (7) years of age in mixed groups; (c) One (1) of the persons assigned to a group shall meet the qualifications for a teacher under 102 CMR 7.06(2)(b). 3/17/89 102 CMR - 108.2 o__

- _ _ = _ - - _ - _ - - _ - - _ _ - _ _ - _ _ - _ - _ _ - _ _ - i m t e M '102 CMR: OFFICE FOR CHILDREN 6: 7.06: continued : . (25) Special Needs Children: Stoff Ration and Groupinas. . (a) For children with special needs,. the licensee shall meet. the . specifications of the child's individual program plan for the number of staff and group size in which the child participates as equired in 102 CMR 7.07(6). (b) When eight or more children who have been identified, either through the core evaluation process under Chapter 766 of the Acts of 1972 or by the - licensee, as having special needs are enrolled in the center, the licensee shall have ~ a consulting resource _ teacher at"least half time..This person's responsibilities shall include, but not be limited to, working directly.with 2 ' individual children, training and supervising teachers. coordinating special - - therapy sessions, working with parents, and preparation of written reports and records for all special needs children. The consulting resource teacher. may delegate these responsibilities to other specialists or staff persons. (c) When sixteen (16) children who have been identified, either through the core evaluation process under Chapter. 766 of the Acts of 1972 or by the y licensee, as having special needs are enrolled in the center, the licensee shall ' have a ~ full-time consulting resource teacher who assumes the same responsibilities as required in 102 CMR 7.06(25)(b)c L (26) Determination of Ane of Children. The licenses shril determine the age of children, for purposes of staff / child ratios, on the age of the child at the date of ' n admission to the center each year that they are enrolled. y ' (27)-litaff Schedules.-. . (a? The licenses shall establish a written schedule listing persons on duty. The schedule shat! Indicate compthnce with the minimum staff ratios required by these regulations. s (b) The licensee shall keep the schedule current. - (28) Staff to Be included in Ratios. . (a) For purposes of calculating staff / child ratios under these regulations, staff shall include only those persons hired or assigned to supervise or teach children for specific hours of the day, t1 (b) in no case shall the licansee assign paid or volunteer staff persons under the age of sixteen (16) to meet required staff / child ratios. (c) The licensee shall not assign teaching assistants, student interns or parents, who do not meet the qualifications for a teacher, to a smup which - does not also have a teacher assigned. i .(d) Student interns and volunteers, other than parents of children in the . enter, shall not be included in staff / child ratios unless they are assigned to the center for at least three (3) consecutive months. e (D) Supervision. The licensee shall exercise supervision for the children in I car e that adequately assures their health and safety, (a). There shall be two aduits trained in the center's health care and emergency procedures as specified in 102 CW 7.07(14) on the premises at all times except as pmvided in 102 CMR 7.06g,3). (b) The licensee shall, at no time, leave children unsupervised. (30) Supervision at the Besinnina and End of the Day. Notwithstanding the I i ' staff / child ratios required by these regulations, the licensee may meet the following ratios at the beginning and end of the day, for no more than one (1) hour at a time: (a) two (2) adults, one (1) of whom shall meet teacher qualifications, shall be on the premises performing teaching duties at all times when there are seven - (7) or more children present; (b) one (1) adult who meets teacher qualifications and is trained in accordance with 102 CMR 7.07(14) and 7.07(16) shall be in the center performing teaching duties when there are six (6) or fewer children present, 3 pmvided that no more than two (2) of the children are under two (2) years and nine (9) months of age and that a neighbor or other adult is available, promptly, for emergencies. The licensee shall post the name, location and telephone number of the person available in emergencies. (c) The groupings required by 102 CMR 7.06(17) through 7.06(24) shall 3/17/89 102 CMR - 109

QQ J " ~ ~ ~ ~ ~ ~ l y - l f 102 CMR:D OFFICE FOR CHILDREN a-s e 44 i I' 7.06: continued ' "h remain in effect during the beginning and end of the day except as allowed A" by 7.06(30)(b) when no more than two (2) children under two (2) years and nine (9) months of age present. y 7.07: Picaram Services and Procedures ADMISSIONS ' '(1) Authority to Admit. ' The licensee shall admit children, children with special-needs, and infants or toddlers only if licensed or approved to do so. c Upon request, the Office may amend an existing license issued under these standards to allow admissions-of special needs children or infants and/or . toddlers, providing that the licensee demonstrates that he can meet applicable atendards.. (2) Admissions Ane Restrictions. The licensee shall not admit a child under one (1) month of age. l (3) ~ Center Size. The licensee shall not admit or enroll, at any we time, more children than the licensed capacity of the center.

(4) Required Medical Examinations.

(a) The licensee shall admit a child only if provided with a written statement : from a physician which indicates that the child has had a complete physical examination within one year prior to admission, or obtains - one within one month of admission or obtains a written verification from the child's parent (s) that they object to such an examination on the grounds that it conflicts with their religious beliefs. The results of such an examination; ' shall be mainteiried in the child's record as required by 102 CMR 705(17)(c). (b) The physical examination required under 7.07(4)(a) shall be valid for one year from the date the child was examined and shall be renewed annually W. thereafter. The licensee shall obtain evidence of each child's annual g' b physical examination and maintain it in the child's record as required by 102 . CMR 7.05(17)(c). (c) For children under the age of six years, but not less than two years of age, the licensee shall admit a child to the center only if provided with a n statement signed by a physician or an employee of a health care' agency ' stating that the child has been screened for lead poisoning, or obtains one p within one month of admission, or obtains a written verification from the child's parent (s) that they object to such an examination cn the grounds that it conflicts with their religious beliefs. - (d) For all children admitted to care prior to two years of age. the licensee shallobtain within one month after the child's second birthday a statement signed by a physician or an employee of a health care agency stating that the child has been screened for lead poisoning or obtains a written verification from the child's parent (s) that they object to such an examination on the grounds that it conflicts with their religious beliefs. (e) 'the licensee of a center operating on a provisional license due to the detection of lead paint in the center shall assure that each child has a blood test for lead paint poisoning by a physician or appropriate clinic or obtain 1 written verification fmm the child's parent (s) that they object to such a test on the grounds thu it conflicts with their religious beliefs or a physician statement that such a procedure is counter-indicated. x (5) = Ane Appropriate Immunizations. The licensee shall require, at admission, a physician's certificate that each child has been successfully immunized in accordance with the current Department of Public Health's recommended schedules against diptheria, tetanus, pertussis (whooping cough), poliomyelitis,. measles and such other communicable diseases as may be specified from time to time by the Office. No child shall be required, under this regulation, to have any such immunization if his parent (s) objects thereto, in writing, on the grounds that it conflicts with their religious beliefs or if the child's physician submits documentation that such a procedure is contraindicated. .. (6) Meetina with Parents. The licensee shall assure that the administrator or his designee shall meet with the parent (s) prior to admitting a child to the center. 3/17/89 102 CMR - 110

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102 CMR: OFFICE FOR Cil!LDREN i 7.07: ' continued, . (a) At the meeting, the licensee shall provide to the parent (s) the center's written statements of purpose, services, procedures for parent conferences, visits and input to center policy; procedures relating to children's records; and procedures for providing emergency health care.- (b) ; The licensee shall provide the opportunity for the parent (s) to visit the h center's classrooms at the time of the meeting or prior to the enrollment of the child. .(7) Identification of Children with Special Needs and Development of an Individual Proaram Plan. Where the results of the meeting conducted pursuant to 102 CMR 7.07(6) and the observation of the child's behavior in the center e indicate a reasonable likelihood that a child has a special need, the licensee shall: r (a) if the child is at least three (3) years of age, inform the parent (s) of 9 4 3/17/89 102 CMR - 110.1

e a i ') 102 CMR:. OFFICE FOR CHILDREN NON-TEXT PAGE 1 1 i 1 l l l. 1/17/89 102 CMR - 110.2

h 102 CMR: OFFICE FOR CHILDREN l-t 7.07; continued his/her rights under Chapter 766 of the Acts of 1972 and its regulations, and at the request of the child's parent (s), refer the child to the appropriate administrator of special education. (b) if a child is under three years of age or has not been evaluated pursuant to the provisions of Chapter 766 of the Acts of 1972 and its regulations, evaluate with the consent of the parent (s) the needs of said child and develop an individual program plan based on the evaluation. Such program plan shall be developed by a team which includes those personnel of the center who will be responsible for implementing the program plan on a daily basis; the conse' ting resource teacher, as required in 102 CMR 7.06(5) and 7.06(25); the child's parent (s) and, where appropriate, any necessary consultant (s). 1, The plan shall be developed within four (4) weeks of admission of the child to the center or within four (4) weeks of the identification of the child as having special needs. The plan shall be signed by thf consulting resource teacher and the parent (s) prior to implementation. If the parent does not approve its implementation, such disapproval will be signed by the parent and placed in the child's record.

2. The plan shall be reviewed by the team at least every ninety (90) days. The review shall include, minimally, an observation of and/or individual session with the child by the consulting resource teacher if the parent is unable to meet with the team for the review, the opportunity must be given to the parent for a separate conference with the c%sulting resource teacher.

3. The licensee shall, with parental permission, inform the appopriate administrator of special education, in writing, that the licensee is serving a special needs child in order that the school may plan for an appropriate pmgram for the child when he reaches regular school age.

(8) Content of Individual plan. The individual program plan required under 102 CMR 7.07(7) shall be in writing. The plan shall identify the specific service (s) required to meet the needs of the child and any change or limitations in his participation in regular center activities. Specific service (s), where appropriate, shall include, but not be limited to: (a) physical therapy; (b) speech and language therapy; (c) psychological services; (d) psychiatric services; (e) educational services; (f) socialservices (g) occupational therapy The plan shall describe the method by which the above services will be provided, including: (a) who will provide the service; (b) where the service will be provided; (c) schedule for provision of the services; (d) any special equipment, materials, ramps or sids required by the child. In addition, the plan shall recommend the size of group to which the child may be assigned and the appropriate staff / child ratio required for such group. (9) Parent Authorization, Consents, Information. The licensee shall, in admitting a child, require the parent to provide the following authorizations, consents and information which shall be made part of the children's record: (a) the child's daily schedule, developmental history, sleeping and play habits, favorite toys, accustomed mode of reassurance and comfort; (b) procedures for toilet training of the child,if appropriate; l (c) where appropriate, the child's eating schedule and eating preferences, including information on special diets and/or allergies; and for infants, a description of formula preparation; l (d) information on where to reach the parent and an alternative nearest I relative or friend in case of an emergency as well as the child's physician or I I clinic, if any; (e) parental consents for emergency first aid, and any field trips and l transportation to a specific hospital in emergencies; 3/17/89 102 CMR - 111

j ( 102 CMR: OFFICE FOR CHILDREN { 7.07; continued ) (f) identity of any person authorized by the parent to take the child from i the center or receive the child at the termination of the day and a copy of i the written parental authorization. 1 (10) Validity of Consents. A written consent provided under 102 CMR 7.07(9) shall be valid for one year from the date ofits execution unless such consent is withdrawn, in writing, prior to that time. GENERAL PROGRAM REQUIREMENTS (11) Required Plan. The licensee shall establish a written pla- 'escribing the various activities of the center for a typical week which sh' 3 posted in a place which can be easily viewed by staff and visitors. Such. Shall indicate time for the following activities, for all children, hfants and/or ~ "ers: (a) snacks and meals; (b) rest, sleep or quiet activity; (c) toileting; (d) outdoor play; (e) indoor activities; (f) field trips, if any; (g) time in and out of the crib for infants, individual feeding, sleeping and washing schedules. (12) Requirements for Activities, The licensee shall provide a well balanced program that supports the developmental ne,eds of all children served. The licensee shall provide the following: (a) reasonable regularity in routine, with sufficient flexibility to respond to Wu needs of individual children: (b) 4 mrtunity for a child to have a free choice among a variety of activitiet or to play alone or with one or several chosen peers if desired for . at least two periods a day, for full day centers; and one period a day, for half day centers; (c) daily indoor and outdoor time periods, weather permitting, which include both small and large muscle activities; (d) opportunities for the child to participate in a variety of creative activities, such as art, music, literature, dramatic play and science; (e) provision for privacy through arranging a small, quiet area that is inviting to children and is easily accessible to the child who seeks or needs time alone; (f) experiences which are in harmony with the life style and cultural background of the children enrolled. Cultural diversity shall be reflected through the incorpora tion of different language, foods, celebrations, activities and life styles where appropriate; (g) opportunity for infants and toddlers to crawl freely for the major part of the day, with certain times specified for individual talking to, handling, and playing with by the assigned teacher. (h) opportunities for all children to team self-help skills such as dressing and undressing, buttoning, tying shoes and using eating utensils appropriately. (13) Prohibition of General Housekeeping Activities. Routine, major house-keeping activities such as vacuuming, washing floors, windows, etc. shall not be carried on in any room while it is occupied by the children. HEALTH CARE POLICY AND PROCEDURES (14) Health Care policy. The licensee shall have a written health care policy statement wh2ch is provided to each staff member and is posted near a telephone which will be used for making emergency calls. The health care policy shall be approved by the health care consultant, required under 102 CMR 7.07(15). The statement shall include: (a) the name, address and telephone number of the physician or registered nurse available for emergencies and consultation; (b) the telephone number of the fire department, police station, poison prevention center, and ambulance service serving the center; 9/4/87 102 CMR - 112

t4 f 102 CMR: OFFICE FOR CHILDREN I L 7.07: continued I' (c) the name and telephone number of any hospital where children will be taken in emergencies; (d) the procedures to be followed in case of illness or emergency, including transportation methods and notification of parent: (e) the procedures to be followed in case of illness or emergency, when parent (s) cannot be reached; (f) the procedures for using first aid equipment; (g) the procedures to be followed in the event of fire or other emergency, including pmvision that cribs utilized for children are of a size to fit through exit doors to the outside: (h) a plan for dispensing medication, including the recording of any administration of prescribed medication; (i) a plari for the care of mildly ill children at the center; (j) the procedure for identifying children's allergies and pmtecting children from exposure to foods, chemicals or other materials to which they are allergic; (k) the procedure for reporting suspected child abuse or neglect to the Department of Public Welfare. (15) Health Care Consultant. The licensee shall have either a physician, a public health nurse, a registered nurse, or health clinic director who shall approve and aid in developing health care policies for the center, shall approve the plan for first-aid training of staff, and shall be available for consultations. (10) First Aid and Preventative Health Care Procedures, j (a) The licensee shall train all staff in approved emergency first aid pmcedures, including mouth to mouth resuscitation, treatment of convulsions, and choking. (b) The licensee shall maintain adequate first aid supplies, including, but not limited to, bandaids, gauze, adhesive tape, hydrogen peroxide or other cleaning solution and an antiseptic cream, liquid or spray. The licensee shall store them in a secure place, out of the reach of children. (c) The licensee shall inform parents of any first aid administered to their child and shall immediately inform them of any injury or illness which required care other than first aid. (d) The licensee shall maintain a quiet area for mildly ill children. (e) The licensee shall not admit a child or staff member to the center who has a diagnosed communicable disease, during that time when it is communicable, and shall notify all parents when any communicable disease, such as measles or mumps, has been introduced into the center. (f) The licensee shall keep all toxic substances, medications, sharp objects and matches in a secure place out of the reach of the children. (17) Administration of Medication. The licensee shall not administer prescrip-tion or non-prescription medication to a child without the written order of a physician (which may include the label on the medication) which indicates the medication is for the specific child. (a) No medication, whether prescription or non-prescription, shall be admmistered to a child without written parental authorization. (b) The licensee shall keep a written record of the administration of prescribed medication to children which includes the time and date of each administration, the name of the staff member administering the medication, and the name of the child. (c) The licensee shall keep all medicine labelled with the child's name, tne name of the drug and the directions for its administration and shall dispose of, or retum to the parent (s), any unused medication. (18) Examinations for Children. The licensee shall request that the parent (s) provide a dental check-up or check of vision and hearing when the appearance or behavior of the child clearly indicates the need for such examinations. (19) Medical Examination for Staff. The licensee shall require, before employment of any paid staf f member, that the staff member present evidence of a negative tubercular test or x-ray performed within three months prior to 9/4/87 102 CMR - 113

L i l 4-102 CMR: OFFICE FOR CHILDREN 7.07: continued the date of initiation of employment and written certification from a physician that the staff member is free from communicable disease and indicating any limitations the staff member may have in working with young children due to health problems. The tubercular test or x-ray must be repeated every three years and certification provided to the center by the staff member of a negative result. Such an examination shall not be required of any person who objects on the basis of religious beliefs. TOILETING AND DIAPERING (20) Written Plan for Toileting and Diapering. The licensee shall have a written plan descnbing procedures for regular toileting and diapering of children, and for disposal or cleaning of soiled clothing, diapers, linen and blankets. (21) Toileting. The licensee shall toilet trair. children in accordance with the requests of their parents and consistent with the child's physical and emotional abilities. (22) Diapering. The licensee shall change the diapers of children regularly and when soiled or wet and shall wash and dry each child with individual washing materials during each diaper change. (a) The licensee shall maintain a supply of clean, dry diapers adequate to meet the needs of the children. (b) The licensee shall use a disposable covering on the changing surface which shall be changed after each use. CLOTHING (23) Extra Clothing: Changing of Soiled or Wet Clothing. The licensee shall kee; on hand extra clean and dry indoor and outdoor clothing to char.ge a child's clothing which becomes soiled or wet. (24) Storage of Solled or Wet Clothing. The licensee shall store soiled clothing or diapers which are a potential health hazard in a covered, water-proof container unless they can be sanitized immediately after removal from the child. i DISClpLINE (25) Requirements for Discipline. Discipline and guidance shall be consistent and based on an understanding of the individual needs and development of a child. The licensee shall direct discipline to the goal of maximizing the growth and development of the children and for protecting the group and individuals within it. (a) Prohibitions: 1. Corporal punishment shall not be used, including spanking. 2. No child shall be subjected to cruel or severe punishment, humiliation, or verbal abuse. 3. No child shall be denied food as a form of purushment. 4. No child shall be punished for soiling, wetting or not using the toilet. (b) The licensee shall describe, in writing, the center's procedures for disciplining children. The written plan shall also include the prohibitions of 102 CMR 7.07(25)(a)1. through 4. (c) The written plan for discipline must be posted conspicuously in an area frequented by center staff and visitors. The plan shall be provided to parents at the admissions interview required by 102 CMR 7.07(6) and to each staff member at the time of employment. 7.08: Food and Food Preparation f. (1) Written Menus. The licensee shall prepare written menus for each week and shall mamtain copies of menu plans for typical weeks if the licensee provides meals. The licensee shall post menus weekly and keep previous menus on file. 9/4/87 102 CMR - 114 _____o

3

'i 102 CMR: OFFICE FOR CHILDREN 7.08: continued (2) Moal Schedules. The licensee shall provide regular, nutritional mid-morning or mid-af ternoon snacks for children in care for less than four (4) hours, and shall regularly schedule meals, in addition to snacks, for children in care four (4) hours or longer. (3) Requirements When parents Send Meals. The licensee shall provide to parents, in writing, a list of nutritious items which should go into a bag lunch - when parents are required to provide meals. The licensee shall have a method for providing a nutritious meal, in accordance with 102 CMR 7.08(4), to a child whose parents fall to send a bag lunch. (4) Nutritional Requirements. The licensee shall provide for the nutritional needs of children in accordance with the " Food and Nutrition Board, National Academy of Sciences National Research Council, Recommended Dietary Allowances" when the licensee provides meals as follows: (a) for children in care between four (4) and nine (9) hours, one-third (1/3) to one-half (1/2) of their nutritional needs in one (1) regular meal (other than breakfast) and one (1) or more snacks; (b) for children in care more than nine (9) hours, two-thirds (2/3) of their nutritional needs in two (2) meals and two (2) or more snacks. (5) Requirements for Infants and Toddlers. Infants and toddlers shall be fed accordmg to their individual feeding schedules or needs. (a) When not mature enough to sit in an eating table or h!;h chair, infants shall be held while fed. (b) When not mature enough to sit at a table, infants and toddlers shall be fed in high chairs or eating tables. (c) The licensee shall prepare formulas at the center according to the written plan of each child's parent (s), or if there is no plan, they shall use prepared, pre-sterilized formulas. (6) Special Diets. The licensee shall follow parental or physician's or6 in p:eparation or feeding of - special diets to children and shall foL he directions of the parents in regards to any food allergies of a child or eere vitamin supplements are required. (7) Desianated Person. The licensee shall designate one (1) person to be responsible for the food program of the center. (8) Requirements for Food Preparation and Service. The licensee shall store, prepare and serve all food and beverages in a manner as to be clean, wholesome, free from spoilage and safe for human consumption. (a) The licensee shall provide refrigeration and storage for food at not less than thirty-two (32) degrees Fahrenheit, or more than forty-five (45) degrees Fahrenheit for food requiring refrigeration. (b) The licenses shall store all food in clean, covered containers. (c) The licensee shall properly wash and sanitize all bottles, utensils and dishes. (d) The licensee shall dispose of milk, formula or food unfinished by a child. (e) The licensee snall prepare tasteful meals and in a manner which makes them appetizing. (9) Requirements for Feedina of Children. The licensee shall allow children to eat at a reasonable, leisurely rate and shall insure that each child receives an adequate amount and variety of food. (a) No child shall be denied a meal for any reason other than written medical direction. (b) The licensee shall encourage children to eat a well balanced diet, but no child shall be forced or otherwise coerced to eat against his will. ] 3 KITCHEN FACILITIES j I (10) Required Barrier to Kitchen. The licensee shall pavide a barrier, such as ] a door or gate, which prevents children's access to the kitchen while i unsupervised. I l l 9/4/87 l 102 CMR - 115 i io I

f 4

• l to ' ?MR: OFFICE FOR CHILDREN l

7.08: continued (11) Reauired Maintenance. The kitchen shall be maintained in a sanitary condition and garbage receptacles used in the kitchen shall be emptied and cleaned daily. DINING FACILITIES AND EQUlpMENT (12) Dining Room or Areas. The licensee shall maintain dining rooms or areas ' which are sufficiently large to accommodate tables and seats for persons eating in an uncrowded manner, and shall be clean, welllighted and ventilated. (13) Dining Furniture. The Licensee shall provide tables and seats for use by children while dining which are of a type, size and design appropriate to the ages and needs of the children. When feeding tables or high chairs are used, they shall be designed to prevent children from falling or slipping. (14) Dining Utensils. The licensee shall provide eating and drinking utensils which are appropriate to the age and needs of the children. (a) Eating and drinking utensils shall be free from defects, cracks and chips. (b) Disposable cups and plates may be used, but if plastic silverware is used, it shall be heavy duty and dishwater proof. (c) All reusable eating and drinking utensils shall be thoroughly washed and { sanitized before reuse. (15) Drinking Water and Cups. The licensee shall provide a source of sanitary drinking water located in or convenient to rooms occupied by children. When non-disposable cups are used for drinking water, they shall be washed and sanitized af ter each use. 7.09: Sleep, Rest and Ouiet Activity (1) Rest or Ouiet Activity period. The licensee shall pmvide for a mid-session rest or quiet activity period in a program where children are in care for less than four hours. The length of the rest or quiet activity period shall be appropriate to the needs of the children. (2) Extended Rest. Ouiet Activity or Sleep period. The licensee shall, in addition to the mid-session rest or quiet activity period, provide for extended rest, quiet activity or sleep to children in care for longer than four hours. the length of this-peric? shall be appropriate to the needs of the chi!iren, but in no case shallit be less than forty-five (45) minutes. Children shall be allowed the amount of rest, quiet activity or sleep needed. (3) Requirement for Extended Rest or Sleep periods. The licensee shall provide the following during rest or sleep periods: (a) an area which is designed to minimize noise and disturbance; (b) a separate mat, cot or bed, and blanket for each child;. (c) a crib for each infant under twelve months of age; i I (d) no use of restraints on children while sleeping, but use of hospital crib nets is permitted; (e) cots, mats, blankets and sheets utilized must be individually marked and in good repair and clean; (f) pillows shall not be given to infants. (4) Space and Sleeping or Rest Area. The licensee shall arrange a sleeping or rest area which is large enough to maintain a minimum of two feet between each crib, bed, cot or mat on all sides except where in contact with a wall or partition. The licensee shall arrange the sleeping area in such a way that children are easily accessible during an emergency. 7.10 Referral Services and Termination (1) Written plan. The licensee shall have a written plan describing procedures for refernng parents to appropriate social, mental health and medical services for their child should the center staff feel that such additional services would benefit the child. 9/4/87 102 CMR - 116 4

.) 1 102 CMR: OFFICE FOR CHILDREN 7.10: continued (2) Record of Referrals. The licensee shall maintain a written record of any such referral and the results. (3) Termination. When any child is terminated from the center, initiated by the center or the parent (s), the licensee shall prepare the child for termination from the center in a manner consistent with the child's ability to understand; and shall provide infonnation and referrals for othe* services to the parents upon the request of parents. The licensee shall inform parents of the availability of infonnation and referral should the parent wish to request it. 7.11: Physical Facility and Equipment (1) Safety inspection. The licensee shall have a certificate of inspection from The Department of Public Safety or the Local building inspector. (2) Health inspection. The licensee shall provide evidence of inspection from the local health department and compliance with Chapter X of the State Sanitary Code (105 CMR 590.000), if the center provides hot meals for thirteen (13) or more children. I The licensee shall provide evidence that any private well or water source has i been inspected and approved by the local board of health, health department, or private laboratory. (3) Lead Paint Requirement and Lead Paint inspection. The licensee shall assure that paint used in the center is lead free. (a) The licensee shall provide evidence of a lead paint inspection from the local board of health, or the Massachusetts Department of Public Health, or a private lead paint inspection service and compliance with 105 CMR 460.000 (Department Of Public Health Prevention and Control of Lead Poisoning regulations). (b) A licensee that obtained evidence of a lead paint inspection and compliance with 105 CMR 460.000 from the local board of health or the Massachusetts Department of Public Health, or a private lead paint l inspection service prior to July 1,1988, will not be required to comply with additional deleading requirements unless so ordered by the local board of health or the Massachusetts Department of Public Health to remain in compliance with 105 CMR 460.000, or when expanding to space not i 1 previously approved by the Office. (c) The licensee shall, in addition, remove and cover any chipping, flaking or otherwise loose paint or plaster found to contain lead. SPACE AND GENERAL REQUIREMENTS FOR PHYSICAL FACILITY (4) Indoor Space. The licensee shall have a minimum of thirty-five (35) square feet of activity space per child, exclusive of hallways, lockers, wash and toilet rooms, isolation rooms, kitchens, closets, offices or areas regularly used for j other purposes and shall meet the following requirements: (a) Floors of rooms used by children shall be clean, unslippery, smooth and free from cracks, splinters and sharp or protruding objects and other safety hazards; and those floors in direct contact with the ground shall have flooring impenetrable to water; (b) Ceilings and walls shall be maintained in good repair, and shall be clean and free from sharp or protruding objects and other safety hazards; (c) All steam and hot water pipes and radiators shall be protected by permanent screens, guards, insulations or any other suitable device which prevents children from coming in contact with them; i (d) All electrical outlets which are within the reach of children shall be covered with a safety device when not in use: (e) Room temperature in rooms occupied by children shall be maintained at not less than sixty-five (65) degrees Fahrenheit at zero degrees Fahrenheit outside; and at not more than the outside temperature when the outside temperature is above eighty (80) degrees Fahrenheit (measured at two feet from the outside walls and twenty inches above floor level); (f) There shall be designated space, separate from children's play or rest areas, for administrative duties and staff or parent (s) conferences; (g) There shall be sufficient space,- accessible to children, for each child to store clothing and other personal items. 1 3/17/89 102 CMR - 117 j

V y w il '102 CMR: OFFICE FOR CHILDREN 7 i l L 7.11: continued '

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'(h) the interior: of the boilding shall be clean and maintained free from rodents and/or insects. Safe and effective means of eliminating insects and/or rodents shall be provided. All extensive extenninetion shall be carried out by a licensed exterminator. j (1) The licensee shall provide suitable guards across the inside of windows. -{ ' above the first floor if the windows are accessible to children and across the j

outside of basement windows abutting outdoor play areas. Guards shall be l

. placed at.the top and bottom. of-stair wells opening into areas used by - i children.. I (5) Special' Requirements for Infants.: The licensee shall not care for infants - above the first floor.. Areas where infants are cared for shall be accessible to - i ' gmund level for purposes of evacuation. 1 (8) Outdoor Space. The licensee shall maintain, or have access.to, an outdoor play area of at least seventy-five square feet per child using it at any one time. The average width of such a play area shall not be less than eight feet and shall conform to the following requirements: (a) some part of the outdoor play area shall be accessible to direct sunlight; 1 . (b) It shall be free from hazards (i.e., hidden comers, unprotected pools, wells, cesspools and steps), poisonous plants, (i.e., poison oak or ivy), and - dangerous machinery or tools; - (c) It shall be fenced with a non-climbable barrier at least four (4) feet high t if any part of the area is adjacent to a highway, on a roof, a porch, or other dangerous area: L (d) It shall not be covered with a dangerously harsh or abrasive material and the ground area under swings,. slides, jungle gyms, seesaws, etc. shall not be. paved or shall be covered by mets. (7) Toilets and Washbasins. ' The licenses shall maintain one toilet and washbasin for every twenty (20) children in one or more well ventilated g bathrooms. -l L (a) When adult toilets and wash basins are used, the licensee shall provide non-tippable stairs to permit access by those children who are able to use 1 them. l (b) In addition to toilets, portable " potty chairs" may be utilized in the i bathroom or separate room for children unable to use toilets. (c) If cloth diapers are used, a flush sink or toilet for rinsing diapers and a j hand washing facility must be provided convenient to the diaper changing ( area. 1 'a (d) Special handrails or other aids shall be provided if required by special needs children. l (8) Water Temperature. ' The licensee shall provide both hot and cold running water in wash basins and for water used by children. There shall be a temperature control to maintain a hot water temperature at no more than one hundred twenty (120) degrees Fahrenheit. ' TRANSPORTATION (9) Written Plan for Transportation. The licensee shall describe, in writing, any .) plans for transportation of children, including the names of persons authorized 5 g to transport children and transportation of children in an emergency.

(10) Vehicle and Driver Requirements.

(a) The licensee shall provide that any vehicle used for transportation of more than eight children, at any one time, and the driver therof shall conform to Massachusetts school bus requirements as contained in the pertinent sections of M.G.L., c. 90 of the General Laws and the " Rules and j j. Regulations Establishing Minimum Standards for Construction and Equipment j 1 of School Buses," Registry of Motor Vehicles. (540 CMR 7.00). l (b) The licensee shall provide that any vehic!e used for the transportation of eight children, at any one time, and the drivers thereof, shall conform to i l' Massachusetts school bus requirements as contained in M.G.L., c. 90, s. 7D. 1 3/17/89 102 CMR - 118 l .s

6' l I 102 CMR: OFFICE FOR Cll!LDREN 7.11; continued (c) The licensee shall provide that station wagons, sedans, vans or other j private or hired vehicles used for transporting eight or fewer persons, 1 exclusive of the driver, shall be registered in accordance with the laws of f the Commonwealth if transportation thereby is paid for directly or indirectly by parents, guardians or custodians of the children, and shall conform to the requirements for school bus signs as contained in Section M.G.L c. 90, 1 7(B)(1). J (d) The operator of any vehicle transporting children shall be licensed in I accordance with the laws of the state, and any vehicle used for 'I transportation of children shall be bi-annually inspected in accordance with the laws of the state. (11) Insurance. The licensee shall use no center-owned or staff member's vehicle to transport children unless it has the following minimum amounts of liability insurance: (a) in ury per person, $100,000; (b) in ury per accident, $300,000; (c) property damage, $5,000. I (12) Transportation Safety. The licensee shall not allow the number of children riding in a center-owned, staff member's vehicle or hired vehicle for a center related activity, to exceed the number of seats therein at any time. The driver shall not drive vehicles unless all children are seated. (a) Suitable safety carriers, restraints or seat belts shall be provided for and utilized by each child, driver and attendant. All car restraints shall meet the 1975 Standards of physicians for Automotive Safety or Consumer Union guidelines and shall be crash tested and child approved.' (b) When more than nine children are being transported, an attendant other than the driver is required. (c) When transporting children, sharp, heavy or potentially dangerous objects shall not be transported, or shall be securely restrained. (d) The licensee shall ascertain the nature of any need or problem of a child which may cause d!fficulty during transporting such as seizures, a tendency towards motion sickness and disabilities and chall communicate such information to the operator of any vehicle transporting children. (e) Children shall be released by the driver of the vehicle only to designated persons authurized by the children's parent (s) to receive such children. (f) Children shall not be regularly transported for periods longer than forty-five (45) minutes one way between their home and the location of the

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EQUIPMENT (13) Varieties of Eauipment. The licensee shall have sufficient piay materials, equipment and fumishings for the children enrolled at any one time. The licensee shall provide an adequate variety of play materials and equipment which shall be representative of each category listed below: (a) art supplies: paint (tempera, poster, finger), easel, crayons, blunt scissors, paste, clay, and collage materials; (b) blocks and accessories: large and small blocks, boats, cars, planes, trains, figures of people, and animals of various sizes; (c) books and posters: picture and story books, flannel boards; (d) dramatic play area: beds, dolls, telephones, ' toy stoves, sink, refrigerator, cabinets, table,. chairs, dishes, pots, pans, ironing board, iron, cleaning equipment, broom, dress-up clothes (both men's and women's), (e)ge mirror placed at child's level, puppets, and materials for costumes; lar i large muscle equipment: boxes, boards, saw horses, barrels, c!!mbers, ladders, workbench, sand, water, wheel toys, swings, sildes, balls; (f) manipulative toys: pegs, beads, lotto, puzzles, pounding boards, small l building sets; (g) musical equipment: piano, records, and record player, drums, cymbals, bells, ryhthm sticks; (h) science materials: aquarium with fish, non-poisonous seeds and flower pots, growing plants, gardening tools, dry batteries, magnets, compass, f' 3/17/89 102 CMR - 119

a y' p t' 102 CMR: OFFICE FOR CillLDREN 7.11: continued therrnometer, rope and pulleys, magnifying c, lass; ); (i) for centers accepting infants, the licensee shall provide materials such as rattles, stuffed animals, mobiles and crib decorations. (14) Requirements for Equipment. The licensee shall only use equipment, materials, furnishings, toys, and games which are appropriate to the needs and t-developmental. level of the child. they must be sturdy, safely constructed, flame retardant, easily cleaned, and free from lead paint, protruding nails, rust, and other hazards which may be dangerous to children. (a) The licensee shall not use any item in the center which is listed on the " Banned Products List" puolished by the United States Consumer Product Safety Commission. (b) The licensee shall keep all equipment. materials, furnishings, toys, and games clean and in a safe, workable condition. (c) Some materials and equipment shall be visible and readily accessible to the children in care and shall be arranged so that children may select, remove and replace the materials either independently or with minimum assistance. (d) The licensee shall provide equipment which reflects the racial and ethnic composition of the children enrolled. (15) Telephone Requirements. The licensee shall provide. one non-coin operated telephone on the premises of the center for center use. (16) Fire Drills. The licensee shall-hold fire drills in accordance with procedures required in 102 CMR 7.07(14)(g) at least twice per year. (17) Smoking in Classrooms. The licensee shall not permit smoking in classrooms during hours that chil;lren are in attendance. I 7.12: Appendix 1 - Advisory Task Force INTRODUCTION (1) These standards are adopted in accordance with M.G.L., c. 28A, particularly sections nine through thirteen thereof, and in accordance with Section 13 of Chapter 785 of the Acts of 1972. Chapter 785, which created the Office for Children, stresses the commitment of state government to assuring every child j "a fair and full opportunity to reach his full potential." In fulfilling its mandate as the agency responsible for licensing day care centers, the Office has developed specific regulations to be met by day care centers in order to provide this opportunity to the children they serve. (2) The scope of these standards goes beyond previous regulations in that they include specific provisions for care of infants and toddlers and special needs children up to age sixteen (16), as well as the general provisions for all children aged two and a half through seven in day care centers..The regulations reflect the belief that every aspect of a day care center's operation affects the i children enrolled. The physical enviromnent; administrative functioning; staff qualifications and numbers; procedures for health care, rest, meals, toileting and varied activities; and types of equipment available all contribute to the day care experience of a child and should maintain a minimum quality level which promotes healthy growth and development of children. (3) The standards provide that all day care centers accepting infants and toddlers, children aged two and a half (21/2) through seven (7) and/or special needs children up to age sixteen (16), are: (a) soundly administered by qualified persons designated specific administrative and program responsibilities; (b) staffed by appropriate numbers of persons with experience and/or education in the field of early childhood education; (c) providing a well-rounded variety of age-appropriate activities, toys, and equipment for children on a regular basis: (d) able to meet the emergency health needs of the children; 9/4/87 102 CMR - 120

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m. 3-y; ' i u 93 TA r 102 CMR:. OFFICE FOR CHILDREN ,i r 7.12: continued (e) able to provide for -the basic. physical-care of children, including adequate nutritional meals and snacks, rest.or. sleep, and toileting - procedures; (f) able to appropriately involve parents of children in day care in visiting. mp the center, meeting with the staff and receiving reports of their children's a . progress; (g) located in physical facilities which meet fire safety requirements, are y~ clean, comfortable, and free from hazards such as lead-based paint. '(4) These' standards were developed by an Advisory Task Force of over fifty parents; center owners, administrate 6ts and staff; pmfessionals'in nutrition, health care and early childhood education; and representatives of, public agenciesinvolved in day care development. The Office for Children gratefully. acknowledges the valuable contributions and work of the Group Day Care Task' y Force under the leadership of the Chairperson, Dr. Richard Rowe of the- - Children's 14bby. The other members of the Task Force included: - Phyllis Abell-Department of Mental plealth . Mort Alpert - Department of Public Welfare James Antonucci - Pmject Coordinator, Office for Children Special Needs Day Care Pmlect. l Phyllis Baumann - Office for Children, General Counsel ~ Jeannette Bausa - The Country School ..Roy Bellush - Boston Area Day Care Workers' Union Pat Berry-Massachusetts Association of Day Care Administrators m * - Beverly Boume - Head Start, Cape Area r . Arlene Brodsky - Parent Brockton, Massachusetts Tina Burrell - Office of Child Development,. HEW Ethel Chesnul - Southeast Association for the Education of Young Children - Meg Cline - Educational Development Corporation louise Corbin - Assistant Director, Office for Children Day Care 4 1 - Consultation and Licensing Unit Marie Crocett - Parent, Melrose, Massachusetts Sophie Dermatis - Early Childhood Educator Office for Children Day Care Consultation and Licensing Unit Claire Derry - Department of Public Health -.. 1 3 Cindy DiRico - Holyoke-Chicopee Council for Chudron Barbara Dowd - Haverhill-Newburyport Council for Children <m . Bernice Factor - Early Childhood Education Specialist, Office for Children Day Care Consultation and Licensing Unit' Sybil Goldberg - Greater Worcester Council for Children Sue Halloran - Massachusetts State Day Care Advisory Committee, Licensing Sub-Committse 1 Judy Hawker - Boston Area 5 Council for Children Sheila Hellman - Frankim-Hampshire Council for Children Carrie Hemenway - Franklin-Hampshire Council for Children . Jill Hemld - Massachusetts State Day Care Advisory Committee Sibley Higginbotham - Massachusetts State Day Care Advisory Committee Fran Jacobs - Office for Children Day Care Consultation and ' Licensing Unit . Pat Jewett - Day Care and Child Development Council of America Charles Johnson - Early Childhood Educator, Office for Children Day Care Consultation and Licensing Unit Abbey Kendrick - South Shore Day Care Eleanore Lewis - Lexington Nursery and Kindergarten School Phyllis Lucas - Greater Worcester Council for Children Mike Marsh - Harvard Cooperative Day Care Center l Blcnche Martin - Department of Education Kathleen McCann - Fall Rtver Council for Children Lucy Mitchell-Member,1962 Regulations Task Force 9/4/87-' 102 CMR - 121 _ _ _ _ _ _ _ _ _ _ _ = _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ -. i

F- <- 3.. 7 3o - g ' 4~ e 4 ,c y," l s 4 i g,5 '. ] M[S 102 CMR: - OFFICE FOR CHIL' REN D L Q:;f ~ " 7.12:1 continued og r r n' t Cwen Morgan - Day Care and Child Development Council of America Irma Napoleon - Assistant Director Office for Children Day Care : a Consultation and Licensing Unit - S' '. Fran Olson - Boston Association for the Education of Young Children Cheryl Piatelli - Evaluator, Office for Children Special Needs Day. i .. ' Care Pmject ! Andrea Piriano - Boston Model Cities --Merrill Plunkett - Assistant Coordinator, Office for Children Day Care Consultation and Licensing Unit. Bonnie Power - Franklin-Hampshire Council for Children ~ Barbara Reisman - Parent, Brockton, Massachusetts Dr. Robert Ritchie - Pediatrician, Cambridge Massachusetts " Roberta Rizzo. Jamaica Plain Neighborhood House L . Margaret Sand - Cambridge Council for Children Rose Shapiro - Tuf ts University s ' Stan Spack - Building Specialist, Office for Children Day Care Consultation and Licensing Unit Camle Upshur - Special Assistant to the Director, Office for Children L William Warren - Director, Office for Children Day Care Consultation and Licensing Unit... Louise Watts - Department of Education, Bureau of Nutrition Robert Weber ~- Office for Children, Legal Staff John Welsh - Massachusetts Federation for Child Care Donna White - Marlboro Council for Children - Frederick Wrightson. Massachusetts Association of Child Development and Education 'j

James Wynn - Boston Area 5 Council for Children d

Rudy 'Zulk!ewicz - South Central Council for Children E The. Of'fice, for Children also. gratefully-ac' nowledges the valuable k contributions and work of the Special Needs Task Force under the leadership of the Chairperson, Larry Kotin, Esquire, of the Center for Public Interest Law and Nasirpersons, Maxine Rubin of United Cerebral Palsy of Metropolitan Boston, and Dr. Samuel Meisels of the Eliot-Pearson School of Child Study, Tufts University. . j L' i The other members of the Task Force included: Phyllis Abell-Department of Mental Health Barbara Abrahams - Department of Public Health Mort Alpert - Department of Public Welfare - James Antonucci - Pmiect Coordinator, Office for Children Special Needs Day Care Project - Charles Beaupre, Jr. - Department of Public Safety. Toni Blanken - Massachusetts Rehabilitation Commission Beverly Boume - Head Start, Cape Area Antoinetto Chapman - Parent, Watertown, Massachusetts

Arthur Ciampa - Cetebral Palsy of the South Shore Dr. Allen C. Cmcker - Children's Hospital Dr. Bruce Cushna - Children's Hospital Noelle Davis - Office of Child Development Claire Derry - Department of Public Health John Ferguson - Commission for the Blind

. Cynthia Gilles - Department of Education, Division of Special Education Mary Gulick - Dimock Street Preschool 1 Carolynn Hamlet - Department of Education, Division of Special-Education Carol Hokans - Parent Concord, Massachusetts Leslie Johnson - Parent, Roxbury, Massachusetts Kay Kelley - Department of Mental Health Mary King - FACE Day Care Center i Cynthia Kline - Administrative Assistant, Office for Children Special Needs Day Care Pmject l 9/4/87 i - 102 CMR - 122

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.j I Y ] 4.i! i ' 102 CMR: OFFICE FOR CHILDREN - l -u 17.12i: continued . Eleanore Lewis - Lexington Nursery and Kindergarten School ' Alma McKinnon - Infants and Other People, Inc. Janet Minch - Easter Seal and Child Advocacy Pmject Cheryl Piatelli - Evaluator, Office for Children Special Needs Day ' Care Project Ruth Ann Rasbold - Department of Education, Division of Special l

Education Susan Selya - Office of Child Development Nora Wells - Wellesley College s

Ellen Williams - Department of Education. Division of Special Education Dan Yohalem, Esquire, Children's Defense Fund The Office for Children gratefully acknowledges the valuable contributions p and work of the Infant and Toddler Task Force under the leadership of the Chairperson, Dr. Richard Kearsley. ' The other members of the Task Force included: 'i IMeg Cline - Educational Development Corporation Teresa Daniels - Columbia Point Health Center Marie Dias - Children World Day Care Centers Lesley Gardner - James Street Infant Center Christopher Crossman - Office for Children ' Sally Jarvis - Crispus Attucks Day Care Program - Dorothy Latham - Boston Model Cities

Leni Lowry - Children's Center Bemadette Massingham Cwen Morgan - Day Care and Child Development Council of America Alice Morrison - Department of Family Services and Child Health Care Melva Padden - Bromley Health Day Care Program Beverley Shackley - Arthur D. Littie Inc.

' William Warren,- Director, Office for Children Day Care Consultation ' ' and Licensing Unit Robin Wood - The Child's Carden - Alam York - Office of the Commissioner, Health and Hospitals Department ' Acknowledgements -- We give thanks to the following contributors: _ Joan Bergstrom Belle Evans Marie Firman Marguerite Flaven Andra Hotchkiss Diane Lund Special Thanks t'o Ms. Melissa Tillman, Former Director, Office for Children Day Care Consultation and Licensing Unit. REGULATORY AUTHORITY 102.CMR 7.00: M.C.L. c. 28A, ss. 9 through 13. 9/4/87 102 CMR - 122.1 'f

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