S.C. Code Regs. § § 114-532

Current through Register Vol. 48, 12, December 27, 2024

Section 114-532 - Management, Administration, and Staffing

A. Staff Qualifications

(1) The operator of a family child care home shall be at least eighteen (18) years of age and shall reside in the home.

(2) An operator shall have the following qualifications:

(a) Be at least eighteen (18) years of age;

(b) Shall have a high school diploma or a General Educational Development (GED);

(c) Favorable completion of all comprehensive background check requirements; and

(d) Shall have the required training.

(3) Caregivers less than eighteen (18) years of age may be permitted provided:

(a) They shall be at least fifteen (15) years of age;

(b) They shall be supervised by the operator at all time;

(c) They shall not be the person in authority; and

(d) The family child care home is in accordance with South Carolina Labor Laws regarding the employment of minors in non-hazardous jobs.

(4) At least one caregiver shall be on the premises at all times.

(5) During the hours of operation all family child care homes, except registered family child care homes, shall have on the premises at least one caregiver with a current certificate for the provision of basic first aid and infant/child cardiopulmonary resuscitation.

B. Child Abuse

(1) The operator of a family child care home shall immediately report suspected child abuse or neglect to the Department's Child Protective Services (CPS) or to local law enforcement in accordance with Section 63-7-310, South Carolina Code of Laws.

(2) The operator and staff shall cooperate with the Department during an investigation of child abuse and neglect. Cooperation shall include the following:

(a) Participate in information conferences with CPS workers;

(b) Release records of children and staff upon request as appropriate; and

(c) Allow access to the family child care home for inspection and investigation of the child abuse allegation by the Department and other officials as permitted by statute.

C. Reporting Incidents

(1) The operator shall report the following incidents to the parents/guardians immediately and report to the Department within twenty-four (24) hours after the occurrence:

(a) Death of a child or staff person that occur at the family child care home;

(b) Child who is missing or who is left unattended in a vehicle operated by the family child care home;

(c) Major structural damage to the family child care home;

(d) Accidents or injuries involving any child occurring at the family child care home requiring medical treatment;

(e) Child or staff occurrences of communicable diseases that the Department of Health and Environmental Control (DHEC) require in its School Exclusion List;

(f) An occurrence that requires the services of a fire or police department which affects the health and safety of children;

(g) Natural or man-made disasters, including extreme weather conditions which cause the family child care home to be closed for more than one day of operation;

(h) Reports of alleged child abuse involving the operator, any staff person, or any household member; and

(i) Arrests or convictions of any crimes against the operator, any staff persons, or any household member.

D. Parent Access and Communication

(1) The operator shall permit the parent of a child in the family child care home free and full access to their child without prior notice while the child is receiving care; unless there is a court order limiting parental access. This free access shall not disrupt instructional activities and classroom routines.

(2) The operator shall develop a policy for the safe release of children. This policy shall be communicated to parents/guardians upon admission.

(3) Parents shall be provided with the following information upon admission:

(a) The right of the parents to free and full access to their child.

(b) The policy and procedures on release of children

(c) The program activity schedule for their child's age group and child care area.

(d) The parent's responsibility to obtain necessary immunizations and physical examinations for his/her child.

(e) The policy and procedures for the administration of medications.

(f) The policy and practices regarding the discipline and behavior management of children. This statement shall be resigned if any discipline policy changes are made.

(4) Parents and staff shall sign and date an agreement, maintained on file and updated annually, that both parties have read and understand all policies relating to the operation of family child care home.

(5) The operator shall obtain signed statements from a parent/guardian of each child enrolled indicating that the parent/guardian has received notice that the family child care home may provisionally employ a person in order to comply with Section 63-7-1980 and Section 63-13-40(D) when an unexpected staff vacancy occurs. Provisional employment shall only occur pursuant to the provisions of Section 63-13-40(D).

(6) Liability Insurance:

(a) An operator who does not carry liability insurance for the operation of the family child care home shall obtain signed statements from the parent(s) or guardian(s) of each child enrolled in the home indicating that the parent(s) or guardian(s) have received notice that the family child care home does not carry liability insurance for the operation of its child care business.

(b) The operator shall maintain a file of these signed statements at the home during the period of time that the child is enrolled.

(c) If insurance lapses or is cancelled and not reinstated or replaced, the operator shall obtain and maintain statements in accordance with Subsection (a) from the parent or guardian of each child enrolled in the family child care home no later than thirty (30) days after the liability insurance lapses or is cancelled.

(7) Once a child is enrolled in the family child care home, a DSS Form 2909, Consumer Parent Statement, shall be completed by a parent/guardian and the operator shall send the completed form to the Department.

E. Medication

(1) For purposes of this section, "medication" means any drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.

(2) The operator, caregiver, staff, or volunteer of a family child care home shall not administer medication to a child under the care of the family child care home unless:

(a) The parent/guardian of the child has submitted to the family child care home, prior to the administration of the medication, a signed and dated parental consent form that authorizes the home to administer the medication to the child, and the authorization shall not be longer than one year at a time.

(b) The medication shall be administered as stated on the label directions, or as amended, in writing by the child's health care provider.

(c) The medication shall not be expired.

(3) Notwithstanding subsection (2), an operator, caregiver, staff, or volunteer of a family child care home may administer medication to a child without a signed authorization if the parent/guardian:

(a) Submits to the family child care home an authorization in an electronic format that is capable of being viewed and saved; or

(b) Authorizes the family child care home by telephone to administer a single dose of a medication.

(4) This Section does not apply to a person who administers a medication, as prescribed, directed, or intended to a child when that person has a good faith belief that the child is suffering from a medical emergency and administering the medication would prevent the death or serious injury of the child.

(5) A family child care home shall maintain in each child's record all written documentation and records of verbal communication that confirm parental or guardian permission to administer medication to the child, as required pursuant to this section.

(6) A medication log for each medication that is administered by a caregiver or staff person shall be kept, including the child's name, the name of the medication, dosage, date, time, and name of person administering the medication. This information shall be logged immediately following the administration of the medication and a copy provided to the parent/guardian.

F. Child's Records

(1) The operator shall have a file for each enrolled child. This file shall be made available to the Department, upon request.

(2) General records on the child - The file shall contain the following:

(a) Child's full name, address, date of birth, date of enrollment, date of discharge, if applicable;

(b) Full name of both parents/guardians, the family's home address, parents' work address and telephone numbers where they can be contacted during the time that the child is in the family child care home;

(c) Instruction for contacting parents or relatives;

(d) Names, addresses and telephone numbers of persons who can assume responsibility for the child in an emergency if the parent/guardian is unavailable; and

(e) Name, address and telephone number of a physician and/or health care resource preferred by the parent/guardian.

(3) Child's health records - The file shall contain the following:

(a) Parent's statement of the child's physical and mental condition at the time of his/her admission to the family child care home.

(b) Copy of immunization card of the child indicating required immunizations are completed, in process, or that the child is exempt.

(c) Written authorization from parent/guardian to administer medication, if applicable;

(d) Authorization from parent/guardian to transport child either to/from school, on field trips, and for emergency treatment;

(e) Authorization from parent/guardian for child to participate in swimming activities, if applicable;

(f) Completed Consumer Parent Statement, DSS Form 2909, signed by the parent attesting to the days and times child is enrolled in the family child care home; and

(g) Other health information if deemed necessary by the operator and/or by the parent/guardian.

G. Staff Records

(1) Records shall be maintained on the operator, all caregivers, other members of the household, and additional staff as follows:

(a) Names, positions, and hours of duty;

(b) Results regarding current South Carolina State Law enforcement Division (SLED), Federal Bureau of Investigation (FBI) and National Crime Information Center National Sex Offender Registry criminal history background checks for the operator, household members fifteen (15) years of age or older, substitute and regular caregiver(s), emergency person(s), staff who are regularly present during operating hours, and volunteer(s) for South Carolina and for each state where such person resided during the preceding five years;

(c) Results regarding a central registry and a sex offender registry check for the operator, household members fifteen (15) years of age or older, substitute and regular caregiver(s), emergency person(s), staff who are regularly present during operating hours, and volunteer(s) for South Carolina and for each state where such person resided during the preceding five years;

(d) Record of training for operator and caregivers working directly with the children;

(e) Record of high school diploma/GED for operator, if licensed or registered on or after the passing of these regulations;

(f) Written statements, using the forms provided by the Department, shall be completed verifying that their current health status is satisfactory;

(g) Written evidence from a physician or health resource attesting that each person is free from communicable tuberculosis at the time of licensure or registration and subsequently according pursuant to state statute or the South Carolina Department of Health and Environmental Control regulations or policy; and

(h) A health assessment from a health care provider assessing the ability of the operator/caregiver to work with children. The health assessment shall be completed within three months prior to licensure, registration or employment or within the first month of licensure, registration or employment and shall include health history, physical exam, vision and hearing screening, tuberculosis screening, and a review of immunization status, and a discussion regarding recommended vaccinations, including a one-time adult dose of TDAP. A new health assessment shall be obtained by the operator/caregiver at least every four years after the initial assessment.

H. Training

(1) All caregivers shall participate in at least ten (10) clock hours of training annually. At least four (4) clock hours shall be in child growth and development. If serving infants 12 months and under, one hour of safe sleep is required. The remaining hours shall come from the following areas: program administration, safety, health, nutrition, physical activity, guidance, infant/child CPR and first aid, and Blood Borne Pathogen training or other areas approved by the Department.

(2) Caregivers who receive training in excess of ten (10) hours per year may carry five (5) of those hours to the following year in the category earned.

S.C. Code Regs. § 114-532

Added by State Register Volume 48, Issue No. 05, eff. 5/24/2024.