Section 5-A130. RECORDKEEPING REQUIREMENTS: CHILDREN

 

130.1 A Licensee shall maintain a record for each enrolled child, in the form provided by or approved by OSSE, in one central location at the Facility, and shall retain the record for three (3) years following the termination of that child’s enrollment. The record shall be maintained in a confidential manner in compliance with Federal and District of Columbia laws and regulations, but should be immediately available to the child’s caregivers and/or teachers, the child’s parents or guardians, and OSSE upon request. 

 

130.2 A Licensee shall maintain and provide to OSSE upon request, the following information for each currently enrolled child:

 

(a) Full name;

 

(b) Gender;

 

(c) Date of birth;

 

(d) Date of admission;

 

(e) Home address and telephone number;

 

(f) Full names of parent(s) or guardian(s);

 

(g) Business address(es) and contact information, such as email address(es) and telephone number(s) of parent(s) or guardian(s);

 

(h) Designation of individuals authorized to receive the child at the end of each session;

 

(i) Name and telephone number of individual to be contacted in emergencies when the parents or guardians are not available;

 

(j) Emergency Medical Treatment Authorization form, as approved by OSSE, for emergency medical care, to be used only when the parent(s) or guardian(s) cannot be reached;

 

(k) Language(s) spoken in the home;

 

(l) Race and ethnicity;

 

(m) Health information and records, as required by this chapter;

 

(n) Written authorization(s) for the administration of medication as required pursuant to this chapter, if applicable;

 

(o) For children in out-of-school-time care:

 

(1) The name of the school the child attends;

 

(2) The name and number of a contact person from that school; and

 

(3) If the child arrives at and leaves the Facility alone, the days and times at which the child should arrive and leave the Facility and the mode(s) of transportation that the child uses to travel to and from the Facility.

 

(p) A record of educational and developmental progress; and

 

(q) Admission agreement signed by the parent or guardian at enrollment.

 

130.3 If a child is no longer enrolled, the Licensee shall include the date and reasons for the child’s withdrawal, if available, in the child’s record. The child’s complete record shall be retained by a Licensee for three (3) years following the termination of the child’s enrollment.

 

130.4 A Licensee shall maintain and provide to OSSE upon request, for each enrolled child, the initial and annual health record documentation and information, including:

 

(a) Full name, gender, date of birth, and home address of the child;

 

(b) Parent(s) or guardian(s) name(s), an emergency phone number for the parent(s) or guardian(s), the name and number of an emergency contact if the parent(s) or guardian(s) are unavailable;

 

(c) Health insurance coverage and primary care provider;

 

(d) Dates of most recent physical and oral health examinations;

 

(e) Child's height and weight at the time of the most recent physical health examination;

 

(f) Each licensed health care practitioner’s clinical findings, health concerns, referrals, treatments, and recommendations;

 

(g) Child’s significant health history, including allergies, health conditions, communicable illnesses, and restrictions;

 

(h) Specific immunizations received by month, day, and year;

 

(i) Results of tuberculosis exposure risk assessment and Tuberculin Skin Test (TST) if indicated, in accordance with American Association of Pediatrics Guidelines for all children over six (6) months of age;

 

(j) Results of lead exposure testing, if applicable;

 

(k) Identification of long-term medications and special health care requirements or accommodations;

 

(l) Name, address, phone number, and signature of the licensed examining health care practitioner;

 

(m) Description of developmental delays, impairment(s), behavioral problems or other disabilities to be considered in the child care setting;

 

(n) Specific diet restrictions, if applicable; and

 

(o) Special family considerations.

 

130.5 If a child is to be taken on regularly scheduled outings, a Licensee shall maintain on file a written, signed, and dated statement from each child’s parent(s) or guardian(s) authorizing the Facility to take the child on regularly scheduled outings, such as walks or trips to a neighborhood playground, outside the Facility. The authorization shall include the child's name, and shall specify the mode of transportation, the anticipated frequency, and the destination of each regular trip.  This authorization shall not include field trips or outings that do not occur on a regular schedule. This written permission shall be considered valid for all regularly scheduled outings, as noted on the statement, until withdrawn by the child’s parent(s) or guardian(s).

 

130.6 If the child is to be taken on a field trip that is not classified as a regularly scheduled outing, a Licensee shall obtain a written authorization from the child’s parent or guardian for the outing, which shall include the information required in Subsection 130.5, in addition to the estimated time of departure and arrival.

 

130.7 A Licensee shall maintain and provide to OSSE upon request, for each enrolled child, a record of any suspensions or expulsions.

 

130.8 A Licensee shall maintain and upon request provide to OSSE  current records and information related to enrolled children including:

 

(a) A roster of enrolled children by age group;

 

(b) Daily sign-in and sign out attendance records by names of children, including first name, last name, and middle initial of each child;

 

(c) Daily schedule of activities; and 

 

(d) Daily menu plan for feeding children, which identifies foods actually served if the facility provides any meals or snacks to children.

 

130.9 A Licensee shall conform to applicable Federal and District of Columbia laws and regulations protecting a child’s confidential information, shall keep all confidential records in a secured location with limited access, and shall not disclose information concerning an individual child or the child’s parent(s) or guardian(s) to persons other than the Facility staff or government officials acting in the course of their duties, unless the parent(s) or guardian(s) grant written permission for the disclosure, or unless disclosure is necessary in an emergency situation.

 

130.10 A Licensee shall inform the parent(s) or guardian(s) of all enrolled children, in writing, of the Facility’s policy regarding disclosure of information.

 

 

authority

The State Superintendent of Education (“State Superintendent”), pursuant to authority set forth in Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.).

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).