Section 5-A146. HEALTH, SAFETY AND WELFARE: SAFE SLEEPING AND RESTING PRACTICES

 

146.1 A Licensee that provides care for one (1) or more infants shall comply with the latest recommendations of the American Academy of Pediatrics (“AAP”) with regard to safe sleep practices and reducing the risk of Sudden Infant Death Syndrome including any recommendation made by the AAP after the effective date of these regulations.  If the AAP’s latest  recommendations differ from the requirements of this section, the Licensee shall comply with the latest recommendations from the AAP.

 

146.2 A Licensee that provides care for one (1) or more infants shall comply with the following requirements with regard to infant sleep and play position:

 

(a) Unless otherwise ordered by a physician or other qualified health care practitioner, each infant shall be placed on his or her back for sleeping; 

 

(b) Each infant shall be placed on his or her stomach for some part of the day that he or she is awake and under staff supervision;

 

(c) A positioning device shall not be used to restrict the movement of an infant unless such device is ordered by a physician or other qualified health care practitioner;

 

(d) Soft materials or objects, such as pillows, quilts, comforters, sheepskins, blankets, and stuffed toys, shall not be permitted in an infant's sleep environment;

 

(e) Bumper pads shall not be used in an infant’s crib;

 

(f) An infant shall not be put to sleep on a sofa, soft mattress, waterbed, chair, cushion, or other soft surface; and

 

(g) An infant shall be removed from his or her crib for all feedings, and shall not be fed by means of a propped bottle.

 

146.3 If there is a medical reason a child cannot sleep on his/her back, then the Licensee shall obtain a signed statement from the child’s health practitioner stating a different sleep position is required. This statement shall remain in the child’s record at the Facility.

 

 

authority

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.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

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