55 PA. Code, Chapter (Family Child Day Care Homes, )
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1 55 Pa. Code Consent. The operator shall obtain written consent from the parent for transportation by the facility staff. 55 Pa. Code , 55 PA ADC Pa. Code Age of driver. The operator of the vehicle shall be 18 years of age or older and shall have a valid operator s license. 55 Pa. Code , 55 PA ADC Pa. Code Safety restraints. (a) A child 7 years of age or younger shall be transported in accordance with the requirements for parents and guardians as
2 set forth in 75 Pa.C.S (relating to restraint systems). (b) Safety restraints installed in the vehicle at the time of manufacturing shall be used by occupants. (c) Manufacturer s instructions for use of safety restraints shall be kept in the vehicle at all times. Amended Sept. 22, Pa. Code , 55 PA ADC Pa. Code Vehicles. (a) A vehicle shall be insured under 75 Pa.C.S (relating to the Motor Vehicle Financial Responsibility Law). (b) The doors on a vehicle shall be locked whenever the vehicle is in motion. (c) No more than three persons may occupy the front seat of an automobile. (d) The back of pick-up trucks may not be used to transport children. (e) The cargo area of a station wagon may not be used to transport children. (f) In accordance with 67 Pa. Code Chapter 171 (relating to school buses and school vehicles), the facility may not transport a child in an passenger van.
3 Amended Sept. 22, Pa. Code , 55 PA ADC Pa. Code Supervision. Children may not be left unattended in a vehicle. 55 Pa. Code , 55 PA ADC Pa. Code Transportation first-aid kit. A first-aid kit, including the contents specified in (relating to first-aid kit) shall be in the vehicle when children are being transported. The kit may be the same kit described at
4 55 Pa. Code , 55 PA ADC Pa. Code Individual records required. (a) An operator shall establish and maintain an individual record for each child enrolled in the facility. (b) Information in a child s record shall be kept current by the operator. (c) A parent is required to review and update the record for accuracy at least once in a 6-month period or as soon as there is a change in the information. (d) Following review, a parent shall attest to the record s accuracy by affixing a dated signature to the record. 55 Pa. Code , 55 PA ADC Pa. Code Content of records. A child s record must contain the following information: (1) Initial and subsequent health reports.
5 (2) The dates of application, admission and withdrawal of the child. (3) Signed parental consent for emergency medical care for the child. Written consent is required prior to admission. (4) Signed parental consent for administration of medications or special dietary needs. (5) Signed parental consent for administration of minor first-aid procedures by facility staff. Written consent is required prior to admission. (6) Signed parental consent for transportation, walking excursions, swimming and wading. (7) Reports of accidents, injuries and illnesses involving a child while in care at the facility. The original report is given to the parent on the day of the incident. The second copy of the report is retained at the facility in an accident file. The third copy of the report is retained at the facility in the child s file. (8) A copy of the initial and subsequent written agreement between the parent and the operator. The parent shall receive the original agreement. Amended Sept. 22, Pa. Code , 55 PA ADC
6 55 Pa. Code Confidentiality of records. (a) A child s record is confidential. (b) A facility person may not disclose information concerning a child or family, except in the course of inspections and investigations by agents of the Department. 55 Pa. Code , 55 PA ADC Pa. Code Release of information. (a) The parent shall have access to the child s complete child day care record. (b) Except as provided in (relating to confidentiality of records), release or dissemination of information in a child s record may be made by the operator and only with written parental consent. When file material is released, the person who authorized the release shall record the following information in the child s file: (1) The name and position of the individual to whom the information was released. (2) The date the information was released.
7 (3) The portions of the record which were released. (4) The purpose of the release. (5) The signature of the person who authorized the release. 55 Pa. Code , 55 PA ADC Pa. Code Individual records required. An individual record is required for each staff person. 55 Pa. Code , 55 PA ADC Pa. Code Content of records.
8 A record shall include a copy of the following information: (1) The name, address and telephone number of the staff person. (2) A written report of initial and subsequent health assessments, including the results of initial and subsequent tuberculin skin tests, x-rays or other medical documentation necessary to confirm freedom from communicable tuberculosis. (3) A copy of requests for the criminal history record and child abuse registry clearance information, a copy of the disclosure statement and a copy of the completed clearance information required under the CPSL. (4) Records of training required by the Department. 55 Pa. Code , 55 PA ADC Pa. Code Confidentiality of records. A facility person may not disclose information concerning another facility person or adult providing a service at the facility except in the course of inspections and investigations by agents of the Department.
9 55 Pa. Code , 55 PA ADC Pa. Code to to (Reserved). Reserved Sept. 22, Pa. Code to , 55 PA ADC to Pa. Code Approval by the Department of Labor and Industry. (a) A facility registered by the Department as of April 4, 1992, will be permitted one full registration period (24 months) beyond the expiration of the current certificate of registration to comply with the requirements of the Department of Labor and Industry, or its delegate agency, as described at (relating to firesafety approval). (b) A facility registered by the Department between April 4, 1992, and April 4, 1994, is required to provide: (1) An operable smoke detector placed on each level of the facility used by day care children. (2) An operable smoke detector on each level of exit from the facility.
10 (3) A portable fire extinguisher located in the kitchen and in other working areas. A fire extinguisher shall be equipped with a pressure gauge and shall be suitable for a class B fire. (c) Subsection (b) applies for a maximum of 24 months from the date the facility is registered by the Department. Following expiration of the 24-month period, a facility shall comply with the requirements of the Department of Labor and Industry, or its delegate agency, as described at Pa. Code , 55 PA ADC Pa. Code Play surfaces. (a) A facility registered by the Department as of September 22, 2008, has until September 22, 2010, to comply with the protective surface requirement as described in (c) (relating to condition of play equipment). (b) A facility registered by the Department as of September 22, 2008, which has a play surface or play surface not in compliance with (e) has until September 22, 2010, to comply with (e). Amended Sept. 22, Pa. Code , 55 PA ADC
11 55 Pa. Code Age and training. The operator of a facility who is lawfully operating a family child day care home registered by the Department as of September 22, 2008, is permanently qualified as an operator of a family child day care home. Adopted Sept. 22, Pa. Code , 55 PA ADC
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