Section 5-A160. REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY OPERATING DURING NON-TRADITIONAL HOURS

 

160.1 Facilities that offer care during non-traditional hours or twenty-four (24) hour care shall comply with all applicable requirements contained in this chapter, in addition to the specific requirements listed in this section.

 

160.2 A Licensee shall ensure that each activity is appropriate both for the time of the day or night and for the age of each enrolled child.

 

160.3 A Licensee shall obtain written consent from a child’s parent(s) or guardian(s) before Facility staff bathe or shower that child, with the exception that in emergency situations or where necessary to protect a child’s hygiene, such as after regurgitation or bedwetting, Facility staff may take appropriate measures to clean an affected child.

 

160.4 A Licensee shall meet the following requirements for rest and sleep:

 

(a) If a child is in the care of the Facility after 6:00 p.m., on the first day of the child’s enrollment, the Licensee shall establish a bedtime routine, in consultation with that child’s parent(s) or guardian(s) and taking into account the age and developmental needs of the child and the time of the child’s scheduled pick-up from the Facility.  A Licensee shall document the routine in that child’s record; 

 

(b) A Licensee shall provide each enrolled child with an individual crib, cot, or bed that is appropriate for the child’s age and size.  If the child will be sleeping for more than four (4) hours and is age and size appropriate, a bed, rather than a cot, shall be provided;

 

(c) A Licensee shall ensure that bedding, such as sheets or blankets, are changed routinely and before the crib, cot, or bed is used by a different child;

 

(d) A Licensee shall provide, or shall ensure that each enrolled child’s parent(s) or guardian(s) provide, appropriate clothing for the child to wear while sleeping;

 

(e) A Licensee shall ensure that all cribs, cots, and beds are maintained in a clean and sanitary condition;

 

(f) If a Facility provides one or more bunk beds for the use of enrolled children, the Licensee shall ensure that no child under seven (7) years of age is placed on a top bunk;

 

(g) A Licensee shall ensure that all beds, cots, cribs and mattresses have firm surfaces and meet the U.S. Consumer Product Safety Commission’s standards;

 

(h) A Licensee shall ensure that all beds, cots, and cribs, when in use, are placed at least two (2) feet apart, and that each is at least two (2) feet away from any radiator or window;

 

(i) A Licensee shall ensure that no bed, cot or crib blocks or impedes access to any exit;

 

(j) A Licensee shall ensure that no other person shares a crib, cot, or bed with an enrolled child;

 

(k) A Licensee shall ensure that no enrolled child five (5) years of age or older shares a sleeping room with an adult;

 

(l) A Licensee shall ensure that staff monitor sleeping children at least once every three (3) hours and maintain a written log of this monitoring; and

 

(m) A Licensee shall provide night-lights near the exit of each room used for sleeping, along each hallway adjacent to a room used for sleeping, and near each bathroom to be used by enrolled children during the overnight hours.

 

160.5 A Licensee that provides non-traditional hours or twenty-four (24) hour care to school-age children shall comply with the following additional requirements:

 

(a) A Licensee shall establish a homework routine for each school-age child, in consultation with the parent(s) or guardian(s) of that child, on the first day of enrollment, and shall document the routine in that child’s record;

 

(b) A Licensee shall ensure that each school-age child is afforded quiet time and is provided with a quiet area for doing homework, as needed;

 

(c) Facility staff or volunteers shall provide assistance with homework, when needed; and

 

(d) If an enrolled child is to leave for school directly from the Facility, the Licensee shall, on or before the first day of enrollment, enter into a written agreement with that child’s parent(s) or guardian(s) that specifies the means by which the child shall get to school and the person(s) responsible for accompanying the child to school.  A Licensee shall maintain a copy of this countersigned agreement in the child’s record.

 

160.6 A Licensee shall comply with all applicable requirements concerning nutrition that are contained within this chapter, in addition to the following special requirements:

 

(a) A Licensee shall provide breakfast to each child who has been in care overnight at the Facility and is leaving for school directly from the Facility, unless the Facility and the child's parent(s) or guardian(s) enter into a written agreement specifying that the child will eat breakfast prior to arrival or while at school; and

 

(b) A Licensee shall provide or serve dinner and a snack to each child scheduled to remain in care overnight, unless the Facility and the child's parent(s) or guardian(s) enter into a written agreement specifying that the child will eat dinner before arriving at the Facility.

 

160.7 A Licensee providing non-traditional hours or twenty-four (24) hour care shall comply at all times with the adult-to-child ratio and staff qualifications requirements provided for in this chapter.

 

160.8 A Licensee shall ensure that staff members are available at all times to attend to the needs of the children, and that at least one (1) adult staff member per every ten (10) children is awake and within sight and sound of the children at all times.

 

160.9 A Licensee shall establish and implement emergency contingency plans to address both medical and non-medical emergencies at all hours of the day or night during which care may be provided, including during natural and man-made emergencies that require evacuation from the Facility, temporary displacement from the Facility, or confinement to 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).