SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES Lillian B. Koller, J.D. State Director

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1 SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES Lillian B. Koller, J.D. State Director DSS REPORT to the GOVERNOR S REGULATORY REVIEW TASK FORCE May 15, 2013 DSS Serving Children and Families South Carolina Department of Social Services, 1535 Confederate Avenue Extension, Columbia,

2 Introductory Summary for Governor s Regulatory Review Task Force This summary guide is designed to help the Task Force most easily and effectively review the DSS report. We have divided the report into 4 sections, which follow the index: Section I: Unduly burdensome statutes, regulations, or policies and detailed recommendations for amendment or repeal of each. Each recommendation includes the primary outweighing factor in our cost-benefit analysis, and contains the applicable section(s) of the law for your convenience. The primary factor is color-coded in green. Section II: Not unduly burdensome statutes, regulations, or polices, but detailed recommendations for amendment or repeal of each, based on comments received from businesses, employers, and other affected persons or entities Section III: Other comments from businesses, employers, and other affected persons or entities concerning statutes, regulations, or policies that are not unduly burdensome and recommendations for DSS action The format for Sections 1-3 is color-coded as follows: REQUEST (proposed change) in blue; requesting business or person (if applicable) and the provided legal citation in black; and DSS RECOMMENDATION in red. Section IV: Summary of DSS regulatory review process Section V: Copies of all written and oral comments received All DSS recommendations for amendment or repeal of laws or policies are based on our analysis and determination that costs and/or inflexibility to businesses and employers were overly restrictive in achieving DSS goals of safety, well-being, positive permanency, and self-sufficiency for the children and families DSS serves. Please note that for any recommended changes to child care licensing laws, state law requires that the State Advisory Committee on the Regulation of Childcare Facilities review and consent to any such proposed changes, prior to their being submitted by DSS to the legislature for approval. See, S.C. Code , -1210, and When a new slate of candidates for that committee is finalized, DSS will convene the new committee and begin a review of any recommended regulatory changes. 2

3 SOUTH CAROLINA DEPARTMENTOF SOCIAL SERVICES GOVERNOR S REGULATORY REVIEW TASK FORCE SUBJECT MATTER INDEX Subject Matter Unduly Burdensome to Business with DSS Recommendations to amend/repeal Section Number I Not Unduly Burdensome to Business with DSS Recommendations to amend/repeal II Other Requests for Changes with DSS Recommendations III Summary of DSS Regulatory Review Process IV Attachments V 3

4 South Carolina Department of Social Services Report Governor s Regulatory Review Task Force I. UNDULY BURDENSOME AND RECOMMENDED FOR AMENDMENT/REPEAL 1. REQUEST: Repeal the regulatory requirement that cribs must be placed 3 feet apart. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATION: R Infant and Toddler Care, Care for Mildly III Children and Night Care. Subsection A (5) (c): Sleeping Cribs shall be spaced so that there is at least three feet of space on two sides of the crib. Cribs shall not be placed next to each other so that one child may reach into the other child s crib. RECOMMENDATION: This requirement does place an undue burden on businesses. (Primary Factor: Efficiency Measure) DSS joins with the SCCCA in recommending that this regulatory requirement be repealed. 2. REQUEST: Amend the regulatory requirement to delete the Four years after ratios in final column of regulation to keep the staff to child ratios at the current levels as reflected in the Three years after column. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATION: R B(1) and (C)(1), Registered Faith Based Organization R B(1) and C(1). (ratios identical in both regulations) Supervision: B. Ratios (1) The following staff ratios apply at all times children are present on the premises and during activities away from the center and shall be prominently posted in all classrooms. 4

5 STAFF: CHILD RATIOS Child's Age Staff: Child Ratio Two years after Three years after Four years after Birth to one year 1:5 1:5 1:5 One to two years 1:6 1:6 1:6 Two to three years 1:9 1:8 1:7 Three to four years 1:13 1:12 1:11 Four to five years 1:18 1:17 1:16 Five to six years 1:21 1:20 1:19 Six to twelve years 1:23 1:23 1:23 C. Nap time: Child Ratios (1) During nap times the following ratios apply as long as at least one other staff person is readily available: R B(1) and C(1): During nap times the following ratios apply as long as at least one other staff person is readily available for each group of children ages two and older: NAP TIME STAFF: CHILD RATIOS Child's Age Staff: Child Ratio Two years after Three years after Four years after Birth to one year 1:5 1:5 1:5 One to two years 1:6 1:6 1:6 Two to three years 1:18 1:16 1:14 Three to four years 1:26 1:24 1:22 Four years and older 1:36 1:34 1:32 RECOMMENDATION: This requirement does place an undue burden on businesses. (Primary Factor: Public Complaints/Comments Measure) DSS joins with the SCCCA in recommending that this regulatory requirement be amended. 3. REQUEST: Amend the duration of Licenses, Approvals, and Faith-Based Child Care Center registrations from 2 to 3 years. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATIONS: R Definitions. A. Terms used in South Carolina Regulations, Chapter 114, Article 5, Part A, shall be all definitions cited in Section et seq., Code of Laws of South Carolina in addition to the definitions that follow: (22) Regular approval: A written notice issued by the Department for a two-year period to a department, agency or institution of the State, or a county, city or other political subdivision, approving the operation of a public child care center in accordance with the provisions of the regulations of the Department. (23) Regular license: A license issued by the Department for two years to a director showing that the licensee is in compliance with the regulations of the Department at 5

6 the time of issuance and authorizing the licensee to operate in accordance with the regulations of the Department Procedures. B. Provisions of the license/approval (1) A regular license/regular approval issued by the Department to the child care center shall be valid for two years from date of issuance, unless revoked by the Department or voluntarily surrendered by the director; provided however, that a change in location, ownership or sponsorship of the facility shall automatically void the license/approval. Registered Faith Based R Definitions. A (18) Regular registration: A registration issued by the Department for two years to a director showing that the registrar is in compliance with the regulations of the Department at the time of issuance and authorizing the religious entity to operate in accordance with the regulations of the Department. R Procedures C (1) Provisions of the registration: A regular registration issued by the Department to the child care center shall be valid for two years from date of issuance, unless suspended by the Department or voluntarily surrendered by the director; provided however, that a change in location, ownership or sponsorship of the facility shall automatically void the registration. Group Home: R Definitions. A. Terms used in South Carolina Regulations, Chapter 114, Article 5, Part A, shall be all definitions cited in Section et seq., Code of Laws of South Carolina in addition to the definitions that follow: (17) Regular License: A license issued by the Department for two years to an operator showing that the licensee is in compliance with the regulations of the Department at the time of issuance and authorizing the licensee to operate in accordance with the regulations of the Department. R Procedures. B. Provisions of the license (1) A regular license issued by the Department to the group child care home shall be valid for two years from date of issuance, unless revoked by the Department or voluntarily surrendered by the operator; provided however, that a change in 6

7 location, ownership or sponsorship of the group child care home shall automatically void the license. Section Definitions. (22) Regular approval means a written notice issued by the department for a two-year period to a department, agency, or institution of the State, or a county, city, or other political subdivision, approving the operation of a public childcare center or group childcare home in accordance with the provisions of the notice, this chapter, and the regulations of the department. (23) Regular license means a license issued by the department for two years to an operator of a private childcare center or group childcare home or a family childcare home which elects to be licensed showing that the licensee is in compliance with the provisions of this chapter and the regulations of the department at the time of issuance and authorizing the licensee to operate in accordance with the license, this chapter, and the regulations of the department. (26) Renewal means in regard to childcare centers and group childcare homes, to grant an extension of a regular license or regular approval for another two-year period provided an investigation of such facilities verifies that they are in compliance with the applicable regulations, in regard to family childcare homes, to place the name of the operator on the registration list for another year provided procedures indicated in this chapter have been completed. SECTION Registration required for church and religious centers. A. No church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for childcare services may operate a childcare center or group childcare home unless it complies with the requirements for registration and inspection and the regulations for health and fire safety as set forth in this chapter and Section and requirements applicable to private and public childcare centers and group childcare homes for floor space, child-staff ratios, and staff training. Application for registration must be made on forms supplied by the department and in the manner it prescribes. Registration expires two years from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department. RECOMMENDATION: This requirement does place an undue burden on businesses. (Primary Factor: Efficiency Measure) DSS joins with the SCCCA in recommending that the cited regulations and statutes be amended. This change could result in a change in licensing fees as well because they are currently collected every 2 years to coincide with renewals. DSS will work with providers on an appropriate fee 7

8 schedule to present to the State Director, along with the recommendation that licensing fees should go into a grants program for providers or to Child Care Services for additional program services. 4. REQUEST: Amend the regulatory requirement from the current requirement of providing businesses with 2 working days notice for initial and renewal licensing visits to 5 working days notice. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATION: R Procedures. C. Inspection and Consultation (2) Department staff shall provide at least two working days notice to the director or center director prior to conducting an initial or renewal inspection. Group Home R Procedures. C. Inspection and Consultation (2) Department staff shall provide at least two working days notice to the operator prior to conducting an initial or renewal inspection. RECOMMENDATION: This requirement does place an undue burden on businesses. (Primary Factor: Public Complaints/Comments Measure) DSS joins with the SCCCA in recommending that this regulatory requirement be amended. 5. AND 6. REQUEST: Amend the sections of regulations that require that 5 hours of training be in specified topic areas. AND (6) Amend regulations to require blood borne pathogen training at least every two years instead of every year. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATIONS: R Management, Administration, and Staffing. K. Staffing (5) (b & c) Professional development. (b) The director shall participate in at least twenty clock hours of training annually. At least five clock hours shall be related to program administration and at least 8

9 five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA. (c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Guidance, Health, Safety, Nutrition, or Professional Development and must include blood-borne pathogens training as required by OSHA. Registered Faith Based R Management H. Staffing (5) Professional development. (a) The director shall participate in at least twenty clock hours of training annually. Training shall be age appropriate for the child population served by the child care center and at least five hours shall be related to program administration and at least five hours shall be in child growth and development and health and safety excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA. (b) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Guidance, Curriculum Activities, Nutrition, or Professional Development and must include blood-borne pathogens training as required by OSHA. Group Home R Management, Administration, and Staffing. K. Staffing (5) Professional development. (b) The operator shall participate in at least fifteen (15) clock hours of training annually. At least five clock hours shall be related to program administration 9

10 and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by the Occupational Safety and Health Administration (OSHA). (c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least ten (10) clock hours of training annually. At least four clock hours shall be in child growth and development and at least four (4) clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA. RECOMMENDATION: This requirement does place an undue burden on businesses. (Primary Factor: Effectiveness Measure) DSS joins with the SCCCA in recommending that these regulations be amended as follows: NEW Language: Center Reg K(5) (b) The director shall participate in at least twenty clock hours of training annually selected from the following areas: program administration, child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least five clock hours shall be related to program administration and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and Training must include blood-borne pathogens training as required by OSHA at least every two years. Directors may carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. (c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually selected from the following areas: child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least five clock hours shall be in child growth and development and at least 10

11 five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Guidance, Health, Safety, Nutrition, or Professional Development andtraining must include blood-borne pathogens training as required by OSHA at least every two years. Staff members may carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. Faith-Based Reg H(5) (a) The director shall participate in at least twenty clock hours of training annually. Training shall be age appropriate for the child population served by the child care center and shall be selected from the following areas: program administration, child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. at least five hours shall be related to program administration and at least five hours shall be in child growth and development and health and safety excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and Training must include blood-borne pathogens training as required by OSHA at least every two years. Directors may carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. (b) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually selected from the following areas: child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Guidance, Curriculum Activities, Nutrition, or Professional Development and Training must include blood-borne pathogens training as required by OSHA at least every two years. Staff members may carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. Group Child Care Home Reg K(5) (b) The operator shall participate in at least fifteen (15) clock hours of training annually selected from the following areas: program administration, child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least five clock hours shall be related to 11

12 program administration and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and Training must include blood-borne pathogens training as required by the Occupational Safety and Health Administration (OSHA) at least every two years. (c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least ten (10) clock hours of training annually selected from the following areas: child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least four clock hours shall be in child growth and development and at least four (4) clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and Training must include blood-borne blood-borne pathogens training as required by OSHA at least every two years. 7. REQUEST: Amend the regulations that require daily attendance to be kept in children s files to allow it to be kept on site. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATION: R Management, Administration, and Staffing. G. Child records (5) A child's record shall be maintained on file at the child care center and made available to the Department upon request, and it shall contain the following: (f) Accurate records of daily attendance for each child Registered Faith Based R Management. E. Child records (3) A child's record shall be maintained on file at the child care center and made available for review on-site by the Department only in the event of a CPS investigation, and it shall contain the following: (f) Accurate records of daily attendance for each child Group Home R Management, Administration, and Staffing. 12

13 G. Child records (5) A child's record shall be maintained on file at the group child care home and made available to the Department upon request, and it shall contain the following: (f) Accurate records of daily attendance for each child; RECOMMENDATION: This requirement does place an undue burden on businesses. (Primary Factor: Efficiency Measure) DSS joins with the SCCCA in recommending that this regulatory requirement be amended. NEW Language. CCC Reg G(5) A child s record shall be maintained on file at the child care center and made available to the Department upon request, and it shall contain the following: (a) Child's full legal name, nickname, birth date, date of enrollment, current home address and home telephone number; (b) Full name of both parent(s)/guardian(s), work and home telephone numbers, or telephone number(s) where they can be reached during the time the child is in the center; (c) Name(s), address(es) and telephone number(s) of person(s) who can assume responsibility for the child in an emergency if the parent(s)/guardian(s) cannot be reached; (d) Name, address, and telephone number of family physician or health resource; (e) Name(s), address(es) and verification of identification, such as valid driver's license, other picture identification or personal family code word of person(s) authorized to take the child from the child care center; (f) Accurate records of daily attendance for each child; (g) (f) Authorization from parent(s)/guardian(s) for child to obtain emergency medical treatment; (h) (g) Authorization from parent(s)/guardian(s) for child to be transported to and from the center during field trips and other away from the center activities; 13

14 (i) (h) Authorization from parent(s)/guardian(s) for child to participate I swimming activities; and (j) (i) A written statement, signed by the parents, acknowledging their understanding and acceptance of the disciplinary policies of the center. Add G(9): Accurate attendance records shall be maintained in the center for each child enrolled. Faith-Based Reg E(3): A child s record shall be maintained on file at the child care center and made available for review on-site by the Department only in the event of a CPS investigation, and it shall contain the following: (a) Child's full legal name, nickname, birth date, date of enrollment, current home address and home telephone number; (b) Full name of parent(s)/guardian(s), work and home telephone numbers, or telephone number(s) where they can be reached during the time the child is in the center; (c) Name(s), address(es) and telephone number(s) of person(s) who can assume responsibility for the child in an emergency if the parent(s)/guardian(s) cannot be reached; (d) Name, address and telephone number of family physician or health resource; (e) Name(s), address(es) and verification of identification, such as valid driver's license, other picture identification or personal family code word of person(s) authorized to take the child from the child care center; (f) Accurate records of daily attendance for each child; (g) (f) Authorization from parent(s)/guardian(s) for child to obtain emergency medical treatment; (h) (g) Authorization from parent(s)/guardian(s) for child to be transported to and from the center during field trips and other away from the center activities; and (i) (h) Authorization from parent(s)/guardian(s) for child to participate in swimming activities. 14

15 Add E(5): Accurate attendance records shall be maintained in the center for each child enrolled. Group Child Care Home Reg G(5): A child s record shall be maintained on file at the group child care home and made available to the Department upon request, and it shall contain the following: (a) Child's full legal name, nickname, birth date, date of enrollment, current home address and home telephone number; (b) Full name of both parent(s)/guardian(s), work and home telephone numbers, or telephone number(s) where they can be reached during the time the child is in the group child care home; (c) Name(s), address(es) and telephone number(s) of person(s) who can assume responsibility for the child in an emergency if the parent(s)/guardian(s) cannot be reached; (d) Name, address and telephone number of family physician or health resource; (e) Name(s), address(es) and verification of identification, such as valid driver's license, other picture identification or personal family code word of person(s) authorized to take the child from the group child care home; (f) Accurate records of daily attendance for each child; (g) (f) Authorization from parent(s)/guardian(s) for child to obtain emergency medical treatment; (h) (g) Authorization from parent(s)/guardian(s) for child to be transported to and from the group child care home during field trips and other activities away from the group child care home; (i) (h) Authorization from parent(s)/guardian(s) for child to participate in swimming activities; and (j) (i) A written statement, signed by the parents, acknowledging their understanding and acceptance of the disciplinary policies of the group child care home. 15

16 Add E(9): Accurate attendance records shall be maintained in the group child care home for each child enrolled. 8. AND 9. REQUEST: Amend the Regulations to allow CPR and First Aid Training to count toward annual training hours, AND, (9) To allow directors and caregivers of licensed, approved, and registered centers to carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATIONS: R Management, Administration, and Staffing. K. Staffing (5) Professional development. (b) The director shall participate in at least twenty clock hours of training annually. At least five clock hours shall be related to program administration and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA. (c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Guidance, Health, Safety, Nutrition, or Professional Development and must include blood-borne pathogens training as required by OSHA. Registered Faith Based R Management H. Staffing (5) Professional development. (a) The director shall participate in at least twenty clock hours of training annually. Training shall be age appropriate for the child population served by the child care center and at least five hours shall be related to program administration and at least five hours shall be in child growth and development and health and safety excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Safety, Health, Nutrition, 16

17 Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA. (b) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Guidance, Curriculum Activities, Nutrition, or Professional Development and must include blood-borne pathogens training as required by OSHA. Group Home R Management, Administration, and Staffing. K. Staffing (5) Professional development. (b) The operator shall participate in at least fifteen (15) clock hours of training annually. At least five clock hours shall be related to program administration and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by the Occupational Safety and Health Administration (OSHA). (c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least ten (10) clock hours of training annually. At least four clock hours shall be in child growth and development and at least four (4) clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and must include blood-borne pathogens training as required by OSHA. RECOMMENDATION: This requirement does place an undue burden on businesses. (Primary Factor: Effectiveness Measure) DSS joins with the SCCCA in recommending that this regulatory requirement be amended. NEW Language: Center Reg K(5) (b) The director shall participate in at least twenty clock hours of training annually selected from the following areas: program administration, child growth and development, early childhood education, health and safety, first aid and CPR, 17

18 curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least five clock hours shall be related to program administration and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and Training must include blood-borne pathogens training as required by OSHA at least every two years. Directors may carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. (c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually selected from the following areas: child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Guidance, Health, Safety, Nutrition, or Professional Development and Training must include blood-borne pathogens training as required by OSHA at least every two years. Staff members may carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. Faith-Based Reg H(5) (a) The director shall participate in at least twenty clock hours of training annually. Training shall be age appropriate for the child population served by the child care center and shall be selected from the following areas: program administration, child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. at least five hours shall be related to program administration and at least five hours shall be in child growth and development and health and safety excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and Training must include blood-borne pathogens training as required by OSHA at least every two years. Directors may carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. (b) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours 18

19 annually selected from the following areas: child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least five clock hours shall be in child growth and development and at least five clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours may come from, but not be limited to, the following areas: Guidance, Curriculum Activities, Nutrition, or Professional Development and Training must include blood-borne pathogens training as required by OSHA at least every two years. Staff members may carry forward 10 hours of training per year. All hours that are carried forward must be certified or registered by the Center for Child Care Career Development. Group Child Care Home Reg K(5) (b) The operator shall participate in at least fifteen (15) clock hours of training annually selected from the following areas: program administration, child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least five clock hours shall be related to program administration and at least five clock hours shall be in child growth and development, early childhood education and/or health and safety excluding first aid and CPR training. The remaining hours shall come from the following areas: Safety, Health, Nutrition, Guidance, or Professional Development and Training must include blood-borne pathogens training as required by the Occupational Safety and Health Administration (OSHA) at least every two years. (c) All staff, with the exception of emergency person(s) and volunteer(s), providing direct care to the children shall participate in at least ten (10) clock hours of training annually selected from the following areas: child growth and development, early childhood education, health and safety, first aid and CPR, curriculum activities, nutrition, guidance, professional development, or other areas approved by DSS. At least four clock hours shall be in child growth and development and at least four (4) clock hours shall be in curriculum activities for children excluding first aid and CPR training. The remaining hours shall come from the following areas: Curriculum Activities, Nutrition, Guidance, or Professional Development and Training must include blood-borne blood-borne pathogens training as required by OSHA at least every two years. 10. REQUEST: Amend the Regulation to check immunization records only for children under age 6 (children not enrolled in school). Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATIONS: R Management, Administration, and Staffing. 19

20 G. Child records (6) A health record shall be maintained in the center for each child enrolled, and it shall include all of the following information: (b) A current South Carolina certificate of Immunization; Registered Faith-Based R Management. E. Child records (4) A health record shall be maintained in the center for each child enrolled, and it shall include all of the following information: (b) A current South Carolina Certificate of Immunization which shall be made available for review on-site; Group Home R Management, Administration, and Staffing. G. Child records (6) A health record shall be maintained in the group child care home for each child enrolled, and it shall include all of the following information: (b) A current South Carolina Certificate of Immunization; RECOMMENDATION: This requirement does place an undue burden on businesses. (Primary Factor: Efficiency Measure) DSS joins with the SCCCA in recommending that this regulatory requirement be amended. State regulations from 2005 inadvertently modified the intent of the previous regulations. The schools already check immunization records for school-age children. Until recently, DHEC did not realize the 2005 regulation had been changed and that they should also be checking immunizations for school age kids in child care centers. This month, DHEC notified child care centers that DHEC intends to begin enforcing this change. DSS recommended that DHEC consider delaying enforcement of this requirement until this regulatory change could be made. DSS joins with the SCCCA in recommending that the regulations be amended as follows: 20

21 Center Reg G (6) A health record shall be maintained in the center for each child enrolled, and it shall include all of the following information: (a) A current South Carolina certificate of Immunization for children under age 6 Registered Faith Based Reg E(4) A health record shall be maintained in the center for each child enrolled, and it shall include all of the following information: (b) A current South Carolina Certificate of Immunization for all children under age 6 which shall be made available for review on-site; and GCCH Reg G(6) A health record shall be maintained in the group child care home for each child enrolled, and it shall include all of the following information: (b) A current South Carolina Certificate of Immunization for children under age 6. FCCH Suggested Standard I.B.2: The operator shall maintain a health record on each child containing the following items: (c) Written verification that the operator has been shown the immunization card of each child under age 6 by the parent(s) indicating required immunizations are completed, in process or child meets exemptions. 11. REQUEST: Amend the Regulation to allow a caregiver with an Associate s Degree in Early Childhood Education to begin working directly with children after working for 30 days under supervision. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATIONS: R Management, Administration, and Staffing. K. Staffing (4) Caregivers/Teachers (a) Caregivers/Teachers shall meet the following qualifications: (ii) A teacher/caregiver who began employment in a licensed or approved child care center in South Carolina after June 30, 1994, must have at least a high school diploma or General Educational Development Certificate (GED) and at least six months experience as a teacher/caregiver in a licensed or approved child care facility. However, a teacher/caregiver who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position of teacher/caregiver, must have at least a high 21

22 Registered Faith-Based Facility R Management. H. Staffing school Certificate of Completion and at least six months experience as a teacher/caregiver in a licensed or approved child care facility. If a teacher/caregiver does not meet the experience requirements, the teacher/caregiver must be directly supervised for six months by a staff person with at least one-year experience as a teacher/caregiver in a licensed or approved child care facility. Within six months of being employed, a teacher/caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a teacher/caregiver who has at least one year of experience as a teacher/caregiver in a licensed or approved child care facility. (4) Teacher(s)/caregiver(s) (a) Teacher(s)/caregiver(s) shall meet the following qualifications: (iv) If a teacher/caregiver does not meet the experience requirements, the teacher/caregiver must be directly supervised for six months by a staff person with at least one-year experience as a teacher/caregiver in a licensed, approved, or registered child care facility. Group Facility R Management, Administration, and Staffing. K. Staffing (4) Teacher(s)/caregiver(s). (a) Teacher(s)/caregiver(s) shall meet the following qualifications: (ii) A teacher/caregiver who began employment in a licensed or approved child care facility in South Carolina after June 30, 1994, must have at least a high school diploma or GED and at least six months experience as a teacher/caregiver in a licensed or approved child care facility. However, a teacher/caregiver who is prevented from obtaining a high school diploma or GED because of a disability, and who otherwise is qualified to perform the essential functions of the position of teacher/caregiver, must have at least a high school Certificate of Completion and at least six months experience as a teacher/caregiver in a licensed or approved child care facility. If a teacher/caregiver does not meet the experience requirements, the teacher/caregiver must be directly supervised for six months by a staff 22

23 person with at least one-year experience as a teacher/caregiver in a licensed or approved child care facility. Within six months of being employed, a teacher/caregiver must have six clock hours of training in child growth and development and early childhood education or shall continue to be under the direct supervision of a teacher/caregiver who has at least one year of experience as a teacher/caregiver in a licensed or approved child care facility. RECOMMENDATION: This requirement does place an undue burden on businesses and workers. (Primary Factor: Effectiveness Measure) DSS joins with the SCCCA in recommending that this regulatory requirement be amended. Currently, a teacher/caregiver in a child care center who has earned a Bachelor s Degree in early childhood education can work alone in a classroom immediately upon hire, and a teacher/caregiver with an Associate s Degree in early childhood education must have 6 months of supervised experience (the same amount of experience required of a high school graduate) before being allowed to work with children without supervision. We recommend that the law create a third category of staff to recognize the internship experience of a teacher/caregiver who has earned an Associate s Degree in the same field of study. Currently, the law does not expressly address a teacher/caregiver with an Associate s Degree in early childhood education, but treats such a person the same as a teacher/caregiver with only a high school diploma or GED. Add Center Reg K(4)(a)(v): A teacher/caregiver with an Associate s Degree from a state approved college in early childhood education must be directly supervised for thirty days by a staff person with at least one-year experience as a teacher/caregiver in a licensed or approved child care facility. Add Faith-Based Reg H(4)(a)(viii): A teacher/caregiver with an Associate s degree from a state approved college in early childhood education must be directly supervised for thirty days by a staff person with at least one-year experience as a teacher/caregiver in a licensed, approved, or registered child care facility. Add Group Child Care Home Reg K(4)(a)(v): A teacher/caregiver with an Associate s degree from a state approved college in early childhood education must be directly supervised for thirty days by a staff person with at least one-year experience as a teacher/caregiver in a licensed or approved child care facility. 23

24 II. NOT UNDULY BURDENSOME, BUT RECOMMENDED FOR AMENDMENT/REPEAL 1. REQUEST: Change to current DSS child care policy that hand sanitizer may not be used instead of soap and water for children s hand-washing. The SCCCA requests that child care centers be allowed to use hand sanitizer to wash the hands of children over 24 months of age when they are playing on the playground. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CURRENT POLICY: Hand sanitizer may not be used instead of soap and water. However, it may be used after washing hands with soap and water. (8/1/06) RECOMMENDATION: Policy Change. Recommended for children over 24 months of age. Policy will be changed to reflect this interpretation. Caring for our Children indicates: The use of hand sanitizers by children over twenty-four months of age and adults in child care programs is an appropriate alternative to the use of traditional hand washing with soap and water. Supervision of children is required to monitor effective use and to avoid potential ingestion or inadvertent contact of hand sanitizers with eyes and mucous membranes. New Policy: Hand sanitizer may be used on the playground by children twenty- four months of age and adults` as an appropriate alternative to the use of traditional hand washing with soap and water. Supervision of children is required to monitor effective use and to avoid potential ingestion or inadvertent contact of hand sanitizers with eyes and mucous membranes. Hand sanitizer may not be used instead of soap and water anywhere other than on the playground. However, hand sanitizer may be used inside the facility, after hand-washing with soap and water. DSS joins with the SCCCA in agreeing that the current DSS policy can be changed, and is changing our DSS policy as written above. 2. REQUEST: Allow a numbering system for nap mat so that if a child leaves, providers may reuse nap mats provided the mats are sanitized and not simultaneously shared with another child. Request made by the SC Child Care Association (SCCCA) at a DSS SCCCA collaborative meeting for this regulatory review. CITATIONS: Center Reg D(2) states: Individual, clean, developmentally appropriate cribs, cots, or mats shall be provided for each infant, toddler and preschool child, labeled with the child s name and used only by that child. 24