Section 5-A168. CHILD DEVELOPMENT HOME: CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

 

168.1 A Child Development Home Caregiver shall be at least eighteen (18) years of age and shall:

 

(a) Have earned a high school diploma or its equivalent; and shall earn a Child Development Associate (CDA) credential within two (2) years of the effective date of these regulations;

 

(b) Attend at least four (4) child development-related training courses, approved by the District of Columbia Government, per year, for a total of at least twelve (12) hours of professional development annually; and

 

(c) Successfully complete all health and safety training requirements set forth in this chapter. 

 

168.2 The duties of a Child Development Home Caregiver shall include, but shall not be limited to, the following:

 

(a) Orienting each member of the Caregiver’s household to the laws, regulations, and standards governing Child Development Homes;

 

(b) Operating the Child Development Home in compliance with all applicable laws and regulations, including compliance with background check requirements for Caregivers and any adult living in the household;

 

(c) Ensuring that enrolled children are supervised and within sight and sound at all times;

 

(d) Ensure that any other duties or activities performed on behalf of the household do not interfere with the supervision and care given to the enrolled children;

 

(e) Ensuring that each person residing at the home has a physical examination by a licensed health care practitioner at least annually and that each is certified by the examining practitioner to be free of tuberculosis and other diseases in communicable form;

 

(f) Supervising and accompanying all visitors who are present at the Home or on the grounds during the Child Development Home’s hours of operation;

 

(g) Reporting to OSSE and to the parent(s) or guardian(s) of each affected child any unusual incident or accident that occurs in the Child Development Home, in accordance with this chapter;

 

(h) Ensuring that an adequate number of qualified registered back-up personnel, are engaged by the Child Development Home and are available to be present at the Child Development Home when needed, at all times during the Child Development Home’s hours of operation, in accordance with this chapter; and that all the qualifications and training of back-up personnel be documented, and that this documentation, along with records related to back-up personnel, be kept current and maintained  consistent with the standards set forth in this section, as required for all Child Development Home Caregivers;

 

(i) Developing and implementing  written contingency plans, including written instructions for all Child Development Home personnel and for all responsible household members, for use in case of medical and non-medical emergencies;

 

(j) Being responsible for the overall supervision and administration of the program of care provided to the enrolled children; and

 

(k) Ensuring that staff members have access to ongoing professional development through registration in the District of Columbia’s Early Learning Professional Development Information System.

 

168.3 Child Development Home Caregivers shall be physically present at the Facility during the Facility’s hours of operation and maintain, on the premises, a record of days and actual hours at work at the Facility. 

 

168.4 When the Child Development Home Caregiver is not physically present at the Facility due to Caregiver’s attendance at a professional development event or performance of other Caregiver related responsibilities, the Child Development Home Caregiver shall designate a qualified back-up Caregiver, who meets the requirements and qualifications of a Caregiver as set forth in Section 168.1(a) and (c) and criminal background checks as set forth in Section 133, , to assume full responsibility for the Facility’s operations in the absence of the Child Development Home Caregiver. 

 

168.5 Child Development Home Caregivers shall ensure that qualified back-up personnel are available during all hours of the Facility’s hours of operation and that the engagement of back-up personnel does not create a violation of this chapter. If a Child Development Home Caregiver utilizes another licensed Child Development Home Caregiver as a back-up, the back-up site shall not be responsible for more children than indicated on his or her license.

 

168.6 Child Development Home Caregivers shall ensure that the written contingency plan is applicable for all hours of the day, days of the week, and weeks of the year for which the Child Development Home is normally operating.  If the written contingency plan utilizes a location that is not available for all days or hours for which the Child Development Home is normally operating, the written contingency plan shall identify a secondary emergency location that is available.

 

 

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).