Health Protection Ensuring Healthy People and Healthy Environments Community Care Facilities Licensing Change of Manager Package Child Care Printshop # November 2009
Dear Licensee: The purpose of this package is to assist you to meet the requirements for notification to Licensing should your facility Manager resign or be expected to be absent for at least 30 consecutive days (Change of Manager). When hiring a Manager, it is your responsibility to demonstrate to Licensing that you have conducted the appropriate screening to ensure that the Manager: is of good character and possesses the personality, ability and temperament to manage a community care facility; and has the necessary training and experience or competence to perform the duties of a Manager. The above noted areas are critical for ensuring compliance with the Community Care and Assisted Living Act and the pursuant Child Care Licensing Regulation. For your convenience you may use the attached forms to complete the Manager amendment process, as they contain all of the required information necessary. Please review the information carefully, and complete and submit the required documentation to your Licensing Officer. The Licensing Officer will review your submission, and if it is complete and meets the requirements of the Community Care and Assisted Living Act and the Child Care Licensing Regulation, an amended licence reflecting the change in Manager will be issued. Should you have any questions regarding the information in this package or the licence amendment process, please call your Licensing Officer. November 2009 Fraser Health Page 1
Table of Contents Manager Information...3 Licensee Declaration Form Child Care (Sample Form)...6 Instructions for Completing the Application for Licence Form...8 Application for Licence Child Care (Sample Form)...9 Criminal Record Check...13 Forms to be Completed and Submitted to Licensing...21 November 2009 Fraser Health Page 2
Manager Information Manager Information Manager Information The information contained in this package applies to the requirements for notification to Licensing and for written approval for a change of Manager as per Section 10 (1), and 37(3) of the Child Care Licensing Regulation: Section 10 (1) of the Child Care Regulation Continuing duty to inform 10 (1) Applicants for licences and licensees must notify a medical health officer immediately of any change in the information provided under section 9 [applying for a licence]. Absent employees 37 (3) Despite the employee qualifications required by Column 4 of the table in section 1 of Schedule E [group sizes and employee to children ratios], a licensee must replace an absent employee described in Column 1 of the following table who is absent (b) for more than 30 days or more with a person described in Column 3 opposite that employee and the row in Column 2 labeled as 30 days: Column 1 Employee Column 2 Period of absence Column 3 Replacement manager 30 days A person qualified to be a manager under this regulation, with notice of the appointment given to the medical health officer. Continued November 2009 Fraser Health Page 3
Continued The Community Care and Assisted Living Act outlines the roles and responsibilities of a Manager. Licensing must assess the proposed Manager to determine if he/she meets the legislative requirements of section 7(1)(d), and 11(2) of the Community Care and Assisted Living Act: Standards to be maintained 7 (1) A licensee must do all of the following: (d) appoint a manager for the community care facility Powers of medical health officer 11 (2) A medical health officer must not issue a licence under subsection (1) unless the medical health officer is of the opinion that the applicant, (a) if a person, other than a corporation, (i) is of good character, (ii) has the training, experience and other qualifications required under the regulations, (iii) has the personality, ability and temperament necessary to operate a community care facility in a manner that will maintain the spirit, dignity and individuality of the persons being cared for, and (iv) agrees to be readily available to respond to inquiries from the director of licensing or the medical health officer and to provide to them financial and other records of the community care facility that can reasonably be presumed to contain information relevant to the administration of this Act and the regulations or, (b) if a corporation, (ii) has appointed as manager of the community care facility a person who meets the requirements under paragraph (a), and (iii) has delegated to that manager full authority to operate the community care facility in accordance with the requirements of this Act and the regulations. November 2009 Fraser Health Page 4
Alert List The Community Care Licensing Branch (Ministry of Healthy Living and Sport) has established a confidential Alert List which is intended to provide protection to vulnerable children in care by identifying individuals who present a risk to their health or safety. If an individual has been placed on the Alert List they would have been provided with written notification at that time. All proposed Managers for a community care facility go through a suitability assessment process to ensure that they have the appropriate skills, training and that they must be assessed to ensure they do not pose a risk to the health and safety of children in care. As a part of the assessment of suitability process, Licensing staff will consult the Alert List to determine if the proposed Manager has previously been placed on the Alert List by a Licensing program within BC. Licensing staff will arrange to meet with an individual if they are on the Alert List to discuss their application for a community care facility licence to ensure there is no increased risk to children in care. Manager Assessment Manager assessment is dependent on whether: 1. The Licensee is an individual and hires a Manager. 2. The Licensee is a partnership, corporation or society and hires a Manager. Licensee Hires a Manager The Licensee must demonstrate that the proposed Manager has the skills, knowledge and ability to operate the child care facility in a manner that will promote the health, safety and dignity of persons in care and maintain compliance with the legislation. The Licensee is responsible to implement appropriate hiring practices to ensure that the proposed Manager meets the legislative requirements as set out in the Licensee Declaration Form. The Licensee Declaration Form acknowledges that the Licensee has completed the screening of the proposed Manager and that the Manager meets the criteria within the legislation. The Manager s information shall remain at the child care facility and it will be reviewed by the Licensing Officer at the next on-site inspection to ensure that the required information is on file. The Licensee is required to complete and submit the following form to the Licensing Officer: - Licensee Declaration Form November 2009 Fraser Health Page 5
Licensee Declaration Form Child Care (Sample Form) Sample Sample Form Use Revised Form provided in separate file November 2009 Fraser Health Page 6
Sample Form - Page 2 Sample Use Revised Form provided in separate file November 2009 Fraser Health Page 7
Instructions for Completing the Application for Licence Form Instructions for Completing the Application for Licence Form The Licensee has a duty to inform Licensing whenever there is a change in the information on the Application for Licence Form as per Section 10 (1) of the Child Care Licensing Regulation. Notification occurs through the submission of a new Application for Licence that reflects the change in the Manager information. The Application for Licence form is a legal document. The Licensee is advised to carefully read the form before filling it out. When completing the Application for Licence form please use a dark ink pen and print clearly and carefully. Note: Copies of the sample forms in this section are available under the section titled Forms to be Completed and Submitted to Licensing on page 21. November 2009 Fraser Health Page 8
Application for Licence Child Care (Sample Form) Sample Form Use Revised Form provided in separate file November 2009 Fraser Health Page 9
Sample Form Page 2 Use Revised Form provided in separate file November 2009 Fraser Health Page 10
Please ensure all required fields are completed regardless of whether there is a change or not (refer to original Application for Licence form that was submitted as part of the Licensing Application). For the purposes of this package it is assumed all other information remains the same and only the Manager Information has changed. APPLICATION TYPE Check the Amend Existing Licence box. MANAGER INFORMATION The information in this section refers to the person who is the Manager of your child care facility. For the purposes of Licensing the definition of a Manager is is an individual whom the licensee has authorized to manage the operation of the community care facility. Manager Name: This must be the legal name of the Manager. This is also the name that will appear on the community care facility licence as the facility Manager. Complete the Manager information including: Home address, telephone number, email address, 19 years of age, previously been a Manager, will be managing more than one facility. November 2009 Fraser Health Page 11
SIGNATURES The information in this section refers to the individuals who have signing authority to apply for a community care facility licence. By signing the application this individual is also acknowledging that they will abide by the legislation and that the information provided on this form is correct. Applicant Name and Title: Is the job title of the individual signing the application. Applicant Signature: Is the individual who is the Applicant or the Applicant s contact person. A contact person is an individual who represents the Licensee. For corporations or societies please have a person other than the Manager as the contact person. Date of Application: Is the date that the application is signed by the Applicant or the Applicant s contact person. November 2009 Fraser Health Page 12
Criminal Record Check Criminal Record Check Index Criminal Record Check Information... 14 Consent to a Criminal Record Check (Sample Form)... 17 Instructions for Completing the Consent to a Criminal Record Check... 18 November 2009 Fraser Health Page 13
Criminal Record Check Information Criminal Record Check Information Section 19(1)(a) and 20 of the Child Care Licensing Regulation requires the Licensee to complete a criminal record check for their employees before they start work. The Child Care Licensing Regulation defines criminal record check as a criminal record check under the Criminal Records Review Act. This means any criminal record check conducted by the local police department or the RCMP will not be accepted. Sections 19(1)(a) and 20 of the Child Care Licensing Regulation states: Character and skill requirements 19(1) A licensee must not employ a person in a community care facility unless the licensee or, in the case of a person who is not the manager, the manager has first met with the person and obtained all of the following: (a) a criminal record check for the person. Additional criminal record checks 20(1) The licensee must not permit a person over the age of 12 to be ordinarily present on the premises of a community care facility while children are present, unless the person is of good character and the licensee has obtained a criminal record check for that person. (2) For the purposes of subsection (1), a parent who is only picking up or dropping of a child at a community care facility is not ordinarily present. Who needs to have a Criminal Record Check? Individuals who: - Work with children, including volunteers and practicum students. - Have unsupervised access to children. - Are age 12 years and older and are ordinarily present while child care is being provided. Where do I get the forms? Criminal record check forms are available from the local licensing office or they may be accessed online at: www.pssg.gov.bc.ca/criminal-records-review. November 2009 Fraser Health Page 14
What criminal record check schedule do I use? Schedule D Licensees who are also the Manager of the facility (owner/operator) and for all residents age 12 years and older who are ordinarily present while child care is being provided. Schedule E Licensees who hire a Manager, and for all other employees including volunteers. Schedule F Child care substitutes or a student on a work placement in a child care facility. Refer to Consent to a Criminal Record Check form, page 2 for a complete description of the 6 different schedules. What information do I provide for Part 2 of the Consent to a Criminal Record Check form? The organization name is: Fraser Health Authority The ID # for Fraser Health is: - Abbotsford/Aldergrove/Mission 99980 - Burnaby/New Westminster 104053 - Chilliwack/Agassiz/Fraser Canyon 96308 - Delta 105524 - Maple Ridge/Pitt Meadows - 105468 - Port Coquitlam/Coquitlam/Port Moody/Anmore/Belcarra 417738 - Surrey/White Rock/City of Langley/Township of Langley 105619 (excluding Aldergrove) How much does a criminal record check cost? For each application there is a $20.00 non-refundable processing fee. If you are a resident at a child care facility between the age of 12 and 18 or are a student on a work placement you may be eligible for a fee waiver. Refer to the form Application for Fee Waiver. Payment must be: - Certified cheque (payable to the Minister of Finance), - Money order (payable to the Minister of Finance), or - VISA or MasterCard (refer to the Application for Pre-Authorized Credit Card Usage) November 2009 Fraser Health Page 15
Where do I send the payment? All fees for obtaining the criminal record check are to be submitted directly to: Criminal Records Review Agency Ministry of Public Safety and Solicitor General PO Box 9217, Stn Prov Gov Victoria, BC V8W 9J1 What do I do with the completed consent to a criminal record check form? If you have completed Schedule D or E: send a COPY of the consent to a criminal record check form with your payment to the address listed above and the Licensee retains the ORIGINAL form for their files. If you have completed Schedule F: send a COPY of the consent to a criminal record check form with your payment to the address listed above and the person who completed the form keeps the ORIGINAL form. How often do criminal record checks need to be done? Effective January 2008 individuals are required to do a criminal record check every 5 years under the Criminal Records Review Act. (www.bclaws.ca) What if I have questions? You may contact the criminal record review agency by calling Enquiry BC toll-free at 1-800-663-7867 and ask to be transferred to 250-387-6981. Your local licensing office may also be able to answer your questions. November 2009 Fraser Health Page 16
Sample Form Consent to a Criminal Record Check (Sample Form) Sample Use Revised Form provided in separate file November 2009 Fraser Health Page 17
Instructions for Completing the Consent to a Criminal Record Check Instructions for Completing the Consent to a Criminal Record Check The Consent to a Criminal Record Check form has been broken into different sections with accompanying directions: Part 1 Application Information Part 2 Organization Information Part 3 Complete for Schedule D only Consent for release of information and acknowledgement PART 1 Information in this section must be completed by each individual for all schedule types. Schedule Type: Check the appropriate box using the information on page 2 as your guide. Use a separate form for each individual. November 2009 Fraser Health Page 18
PART 2 Information in this section must be completed by all individuals except Schedule F. Organization Information Section A: for Schedule D only Organization Name: Fraser Health ID Number: see page 15 for the ID number in your area Section B: for Schedules A, B, C, E and F Organization Name: name of your employer PART 3 This section is only to be completed for Schedule D. Child Care Facility Name: this is the name of your child care facility. If this information is incomplete it may delay the processing of your application. November 2009 Fraser Health Page 19
Consent for release of information and acknowledgements Each individual must complete this section. Individuals should read and understand page 2 of the form before signing. Note: No instructions have been included for page 2 of the Consent to a Criminal Record Check. November 2009 Fraser Health Page 20
Forms to be Completed and Submitted to Licensing Forms to be Completed and Submitted to Licensing Index Application for Licence Child Care Licensee Declaration Form Child Care Criminal Record Check Child Care November 2009 Fraser Health Page 21
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