Section 16-3602. CHILD CARE AND CHILD PLACING INFRACTIONS

 

3602.1Violation of any of the following provisions shall be a Class 1 infraction:

 

(a)29 DCMR § 301.1 (operating a child development facility without a license);

 

(b)29 DCMR § 301.3 (failure to have a separate license for each facility located at different premises); or

 

(c)29 DCMR § 1600.4 (failure of a child placing agency to have an office and staff within the District of Columbia).

 

3602.2Violation of any of the following provisions shall be a Class 2 infraction:

 

(a)29 DCMR § 306.1(c) (committing, aiding, abetting, or permitting fraud, gross negligence, abuse, assault, or another illegal act in the operation of a child development facility);

 

(b)29 DCMR § 311 (failure to permit authorized officials to enter and inspect);

 

(c)29 DCMR § 315.3 (failure to have a qualified director in charge of a child development center);

 

(d)29 DCMR § 315.4 (failure to have a qualified teacher in charge of a group at a child development center);

 

(e)29 DCMR § 330.8 (failure of a child development center to maintain all exits properly equipped);

 

(f)29 DCMR § 1601 (failure to comply with provisions concerning incorporation and operation of a child placing agency);

 

(g)29 DCMR § 1603.1 (failure to employ a qualified executive director);

 

(h)29 DCMR § 1608.1 (establishing fees not in accordance with fee-setting regulations);

 

(i)29 DCMR § 1608.4 (failure to provide client with written estimate of cost of services);

 

(j)29 DCMR § 1608.5 (accepting money or another item of value beyond the established fees for services);

 

(k)29 DCMR § 1613, except § 1613.9 (failure to employ sufficient and qualified professional staff or failure of professional staff to fulfill specified responsibilities);

 

(l)29 DCMR § 1614.3 (failure to employ qualified professional staff on a contract basis);

 

(m)29 DCMR § 1619.1 (failure to develop a written case plan on a child);

 

(n)29 DCMR § 1619.4 (failure to secure written authorization to place a child before accepting that child for placement);

 

(o)29 DCMR § 1619.5 (failure to secure written authorization to provide medical care before accepting that child for placement);

 

(p)29 DCMR § 1620.1 (failure to conduct an adoptive home study);

 

(q)29 DCMR § 1623.1 (failure to establish that a child is legally free for adoption or legally able to enter the District of Columbia for adoption before placing that child for adoption);

 

(r)29 DCMR § 1628.6 (failure to secure written consent to place a child before accepting that child for placement);

 

(s)29 DCMR § 1628.7 (failure to secure written consent to provide medical care before accepting that child for placement);

 

(t)29 DCMR § 1628.10 (encouraging a birth parent to surrender a child by coercion, promise of financial aid or other consideration, or making acceptance for casework services contingent upon surrender);

 

(u)29 DCMR § 1638.2 (using an unlicensed foster home for the placement of a child);

 

(v)29 DCMR § 1639.1 (failure to conduct a foster home study); or

 

(w)29 DCMR § 1644.3 (failure to provide or ensure the provision of health care for a foster child in the agency's care).

 

3602.3Violation of any of the following provisions shall be a Class 3 infraction:

 

(a)29 DCMR § 301.9 (transfer of child development facility license to another person or place without government approval);

 

(b)29 DCMR § 301.10 (refusal to return license after suspension, revocation, non-renewal, or voluntary closure);

 

(c)29 DCMR § 302 (failure to comply with application requirements);

 

(d)29 DCMR § 304.4 (failure to inform of change in operation, program, or services which may affect licensure);

 

(e)29 DCMR § 315.1 (failure of child development center director to be physically present at least one-third of the time when children are at the center);

 

(f)29 DCMR § 315.2(a) (failure of child development center director to select and supervise qualified staff to ensure provision of required child development program);

 

(g)29 DCMR § 315.2(d) (failure of child development center director to develop an approved plan for emergencies, fire evacuation, and staff illness);

 

(h)29 DCMR § 315.2(e) (failure of child development center director to designate a teacher to be responsible for center operation in the director's absence);

 

(i)29 DCMR § 315.2(g) (failure of child development center director to ensure adult supervision of the children);

 

(j)29 DCMR § 315.5 (failure to have a qualified assistant teacher in charge of a group at a child development center);

 

(k)29 DCMR § 315.10 (failure of child development center to have sufficient staff to maintain sanitation and safety standards);

 

(l)29 DCMR § 316.1 (exceeding maximum permissible size of a group in a child development center);

 

(m)29 DCMR § 316.2 (failure of child development center to provide 2 staff members as specified for each group);

 

(n)29 DCMR § 317.1 (failure of child development center to provide adequate daily program as specified);

 

(o)29 DCMR § 318.4 (failure of child development center to consider parental information concerning a child's nutritional needs);

 

(p)29 DCMR § 320.1 (failure of child development home caregiver to supervise and administer home);

 

(q)29 DCMR § 320.7 (failure of child development home caregiver to cooperate with government officials in implementing child development program);

 

(r)29 DCMR § 325 (failure to comply with health requirements for children and/or staff);

 

(s)29 DCMR § 327 (failure to comply with building and environmental requirements);

 

(t)29 DCMR § 328.1 (failure to provide suitable outdoor play space free from hazardous conditions);

 

(u)29 DCMR § 329.1 (failure to provide adequate toilet and lavatory facilities as specified);

 

(v)29 DCMR § 329.4 (failure to provide soap and either individual towels or disposable paper towels in bathroom);

 

(w)29 DCMR § 330, except 330.8 (failure to comply with safety and health requirements for facility premises);

 

(x)29 DCMR § 1600.2 (failure of a child placing agency to develop and make available a written statement of purpose, philosophy and program, including a description of services provided);

 

(y)29 DCMR § 1600.3 (failure to provide a description of the geographical area served or intended to be served);

 

(z)29 DCMR § 1602 (failure to comply with requirements concerning establishment and composition of board of directors);

 

(aa)29 DCMR § 1603, except § 1603.1 (failure to comply with requirements concerning responsibilities of board of directors);

 

(bb)29 DCMR § 1605 (failure to maintain and document sufficient funding);

 

(cc)29 DCMR § 1606 (failure to maintain financial records and establish an accounting system);

 

(dd)29 DCMR § 1607 (failure to have financial records audited annually by an independent Certified Public Accountant);

 

(ee) 29 DCMR § 1608.2 (failure to comply with requirements concerning agency policies on fees);

 

(ff)29 DCMR § 1608.3 (failure to make agency policies on fees available for public inspection);

 

(gg)29 DCMR § 1609 (failure to comply with requirements concerning office space);

 

(hh)29 DCMR § 1610 (failure to comply with requirements concerning personnel policies);

 

(ii)29 DCMR § 1611 (failure to comply with requirements concerning personnel records);

 

(jj)29 DCMR § 1612.3 (failure to perform a criminal background check on a prospective employee who will have direct contact with children or clients);

 

(kk)29 DCMR § 1617 (failure to comply with requirements concerning adoptive services recruitment, application, and information);

 

(ll)29 DCMR § 1618 (failure to comply with requirements concerning intake for adoptive services);

 

(mm)29 DCMR § 1619, except §§ 1619.1, 1619.4, and 1619.5 (failure to comply with requirements concerning case plan services, content, and information);

 

(nn)29 DCMR § 1620, except § 1620.1 (failure to comply with requirements concerning adoptive home study services, content, information, and re-evaluation);

 

(oo)29 DCMR § 1621 (failure to comply with requirements concerning notification regarding adoption application);

 

(pp)29 DCMR § 1622 (failure to comply with requirements concerning services for adoptive parents);

 

(qq)29 DCMR § 1623, except § 1623.1 (failure to comply with requirements concerning adoption pre-placement responsibilities);

 

(rr)29 DCMR § 1624 (failure to comply with requirements concerning adoption post-placement responsibilities);

 

(ss)29 DCMR § 1625 (failure to comply with requirements concerning maintenance of adoption records);

 

(tt)29 DCMR § 1626.2 (failure to provide a required report to a court concerning a petition for adoption);

 

(uu)29 DCMR § 1628.3 (failure to provide birth parents with information concerning ramifications of adoption);

 

(vv)29 DCMR § 1630 (failure to comply with requirements concerning severance of parental rights);

 

(ww)29 DCMR § 1633 (failure to comply with requirements concerning adoption placement considerations);

 

(xx)29 DCMR § 1635 (failure to comply with requirements concerning interstate placement);

 

(yy) 29 DCMR § 1636 (failure to comply with requirements concerning international adoption services, policies, and information);

 

(zz)29 DCMR § 1637 (failure to comply with requirements concerning maintenance of records);

 

(aaa)29 DCMR § 1638, except § 1638.2 (failure to comply with general requirements concerning foster care);

 

(bbb)29 DCMR § 1639, except § 1639.1 (failure to comply with requirements concerning foster home study services, content and information);

 

(ccc)29 DCMR § 1640 (failure to comply with requirements concerning notification regarding foster care application);

 

(ddd)29 DCMR § 1641 (failure to comply with requirements concerning foster parent training);

 

(eee)29 DCMR § 1643 (failure to comply with requirements concerning agency responsibilities in foster care); or

 

(fff)29 DCMR § 1644, except § 1644.3 (failure to comply with requirements concerning supervision of children in foster care).

 

3602.4Violation of any of the following provisions shall be a Class 4 infraction:

 

(a)29 DCMR § 301.7 (failure to post child development facility license conspicuously on the facility premises);

 

(b)29 DCMR § 305.2 (failure to submit renewal application timely)

 

(c)29 DCMR § 315.2(c) (failure of child development center director to ensure compliance with applicable codes and regulations);

 

(d)29 DCMR § 315.2(f) (failure of child development center director to ensure provision of in-service training to volunteers);

 

(e)29 DCMR § 315.2(h) (failure of child development center director to develop a plan for parent involvement);

 

(f)29 DCMR § 315.6 (failure of child development center to ensure that teacher performs required duties);

 

(g)29 DCMR § 315.7 (failure of child development center to ensure that assistant teacher performs required duties);

 

(h)29 DCMR § 315.9 (failure of child development center to ensure that aide performs required duties);

 

(i)29 DCMR § 316.3 (failure of child development center to obtain approval for mixed-age group or to comply with child:adult ratio applicable to youngest child in group);

 

(j)29 DCMR § 316.4 (failure of child development center to obtain approval for change in child:adult ratio);

 

(k)29 DCMR § 317, except § 317.1 (failure to comply with individual child development center daily program requirements);

 

(l)29 DCMR § 318, except § 318.4 (failure of child development center to comply with meal and snack requirements);

 

(m)29 DCMR § 320.3 (failure of child development home caregiver to ensure compliance with applicable codes and regulations);

 

(n)29 DCMR § 320.4 (failure of child development home caregiver to conduct food handling, preparation and service in an adequate manner);

 

(o)29 DCMR § 320.5 (failure of child development home caregiver to develop an approved plan for emergencies, including designation of a responsible adult substitute caregiver);

 

(p)29 DCMR § 320.6 (failure of child development home caregiver to develop a plan for parent involvement);

 

(q)29 DCMR § 321 (failure to comply with child development home daily program requirements);

 

(r)29 DCMR § 322 (failure of child development home to comply with equipment and supply requirements);

 

(s)29 DCMR § 326 (failure to comply with recordkeeping requirements for children and/or employees);

 

(t)29 DCMR § 328.2 (failure to provide adequate outdoor play space);

 

(u)29 DCMR § 328.3 (failure to provide adequate indoor program space);

 

(v)29 DCMR § 329.2 (failure to provide block or step when needed for toilets and lavatories);

 

(w)29 DCMR § 329.3 (failure to provide toilet training chairs and to maintain in a sanitary manner);

 

(x)29 DCMR § 329.5 (failure to provide a drinking fountain or individual clean cups for drinking);

 

(y)29 DCMR § 1604 (failure of a child placing agency to maintain a current agency organizational table);

 

(z)29 DCMR § 1612, except § 1612.3 (failure to comply with requirements concerning applicants for employment);

 

(aa)29 DCMR § 1613.9 (failure of office staff to fulfill responsibilities);

 

(bb)29 DCMR § 1615 (failure to comply with requirements concerning volunteers);

 

(cc)29 DCMR § 1616 (failure to comply with requirements concerning student interns);

 

(dd)29 DCMR § 1626.4 (failure to provide copy of adoption decree to other agency involved in adoption);

 

(ee)29 DCMR § 1628, except §§ 1628.3, 1628.6, 1628.7, and 1628.10 (failure to comply with general requirements concerning social services related to child placing);

 

(ff)29 DCMR § 1629 (failure to comply with requirements concerning notice to actual and possible birth parents);

 

(gg)29 DCMR § 1631 (failure to comply with requirements concerning paternity affidavits);

 

(hh) 29 DCMR § 1632 (failure to comply with requirements concerning efforts to locate birth parents);

 

(ii)29 DCMR § 1634 (failure to refer unsuccessful child or client to other adoption agencies, services, and exchanges); or

 

(jj)29 DCMR § 1642 (failure to comply with requirements concerning foster care placement considerations).

 

source

Final Rulemaking published at 52 DCR 4981 (May 27, 2005).