Table Of Content*
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YOUR LICEHSING GUIDE.
APPLICATKIN FORM
AND INSTRUCTIDNS
Office For Children
Commonwealth ofMassachusetts
WilliamF.Weld, Governor
ArgeoPaulCellucci,LieutenantGovernor
CharlesD.Baker,Secretary
SusanCostello,AssistantSecretary
VirginiaMelendez,Commissioner
Digitized by the Internet Archive
2014
in
https://archive.org/details/caringforchildreOOmass
Family Day Care 1 Licensing Guide
MESSAGE FROM THE COMMISSIONER
DearFamily Day Care Applicant,
want to congratulate you on deciding to become a licensed child care provider. Providing child
I
care is a wonderful and challenging experience. It is a profession that requires individuals who are well
trained, natural caregivers and most importantly love children.
sincerely hope that your experience providing this valuable service will be a good one and that
I
you succeed in your new profession.
We at the Office for Children appreciate your efforts to meet the child care needs of families
across the Commonwealth. We look forward to working with you to provide a safe, nurturing environ-
ment which encourages each child to reach her/his full potential.
With best wishes am,
I
Sincerely,
Virginia Meleifdez
Commissioner, Office for Children
This guide contains the following: the license application, technical assistance on other docu-
mentation to be submitted, a checklist to help you prepare for your pre-licensing visit, and
summaries of important regulatory requirements. You will return the application and keep all the
other information for further reference.
WHAT YOU MUST SUBMIT WITH YOUR APPLICATION
The following pages will give you specific information regarding the items listed below.
1. Evidence of having completed, within the past year, a three-hour orientation approved by the Office
2. Evidence of current certification in both basic first aid and CPR for infants and children
3. A medical statement; take the enclosed form to your health care professional
4. Ifthe mental or physical health ofany household member may affect your ability to do day care: a
medical statement explaining the condition
5. Evidence of immunity to Measles, Mumps, and Rubella
6. Evidence ofa negative Mantoux TB test
7. Ifyourwater is from a well and not a town water supply, submit a well water test for coliform (bacteria)
8. Background information forms (CORI I) filled out and signed by each adult household member 17
years and over including yourself.
9. A signed check or money order made out to the Commonwealth of Mass.
FamilyDayCare 2 LicensingGuide
ADDITIONAL TECHNICAL ASSISTANCE professional acceptableto the Office. The statement
1. Orientation must indicate that you have the abilityto care for
young children regardless ofthetreatment or hospi-
You must submit evidence of having completed a 3 talization.Astatement is considered current if it was
hourorientation course within the past year. These written at the completion ofthe specifiedtreatment or
courses are given bythe many Child Care Resource within 30 days priorto the filing of this application.
Agencies throughout the Commonwealth. If you are
unsure of your local agency, please call the Office for
4. Medical Information
Children and askthe receptionist.
on Household Members
2. First Aid and CPR Medical Statement. If a household member has
a chronicordisabling conditionthat requires your
You must submit evidence of having completed an assistance during daycare hours, orwithin the past
approved FirstAid course and an approved CPR for year has been hospitalized for an illnessor health
Infants and Children course. condition, treated for mental health reasons, or has
The following FirstAid courses are pre-approved: had a communicable disease, you must submit a
medical statement. The statement must be from a
AllAmerican Red Cross medical and/orotherprofessional acceptable to the
National Safety Council (Green Cross Card) Office indicatingwhetherthe household member's
conditionwill limit yourabilityto provide child care or
Medic: Pediatriccourse
pose any riskto children.
The following CPR courses are pre-approved:
Red Cross: Community CPR; Infant and Child 5. Measles, Mumps, Rubella
CPR; CPR-Basic Life Support forthe Professional You must submit evidence of immunityto measles,
Rescuer mumps and rubella.
AHemaerrtiscaavnerH;eaBratsiAcssLoifceiaStuipopno:rAtd;ulPtedaiantdriicnfBaCntLS 1. tIfoyboeuiwmemruenbeortno bmeefaosrlees19a5n7,dymouumpasre.aYsosuummuesdt
National Safety Council: Infant and ToddlerCPR still show immunityto rubella. If you are not sure
about your immunity tothese diseases, please
Medic: Pediatric Course
consult yourphysician before seeking immuniza-
There are other equivalent courses that have been tion.
approved. Please checkwith your licensorbefore 2. There are many places to searchforyourimmuni-
taking any othercourse to be sure that it is onthe list. zation records:
• yourpediatrician
3. Medical Information
Physical Exam. You must submit a statementfrom • yourcurrent physician'sfile
your physicianwith yourapplication. (You mayuse the • if you have had a baby: yourobstetrician'sfile,
enclosed medicalform.) The statement must indicate especiallyforthe rubella records
that an exam has been completedwithinone year
• your high school orcollege health records
priorto your application, and your physician's opinion
about yourmedical ability to providefamily daycare. • your local board of health
If you wish, you may also submit yourown supporting 3. If you cannotfind your records:
statement regarding yourabilityto care.
MMR
• you can be revaccinated for
Updated Medical Information. you have
If
been treated or hospitalized for an illness or health • you can have a laboratorytest performed to
condition since your last physical examination orhave check yourimmunity
been treated orhospitalized for a mental health • yourdoctormaychoose to give you a medical
reason within the last year, you must submit a current exemption based onthefactthat re-vaccinating
statement from a medical and/orothertreating may be medically contraindicated.
FamilyDayCare 3 LicensingGuide
6. Mantoux TB Test laboratory listing coiiform bacteria level and stating
If not previously submitted, you must submit evidence that yourwater has been approved fordrinking.
of a negative Mantoux TBtest. Thistest must have been done within the past year.
Variances may be granted forthe use of bottled
1. If you have never had a Mantoux TB test, you water. Contact your licensor if you have questions.
must submit documentation indicating that an
intradermal Mantoux skin test has been com-
8. CORI Forms
pleted within 90 days priorto application, and
indicating the results. These forms must be completelyfilled out by EVERY
memberof your household oranyone regularly on the
2. If you can submit evidence of having had a
previous negative Mantoux test, you must also premiseswho is 17 years of age and older, INCLUD-
submit a medical statement indicating thatthere ING YOURSELF. Please be sure to doublecheck all
have been no signs or symptomsoftuberculosis the informationto ensure that it is correct.
within the 90 days priorto yourapplication. The
medical statement can be no more than 90 days 9. Fee Schedule
old.
The fee for application for athree-year license is $75.
Zoning
7. Well Water
If yourwater is not from a municipal supply, you must If you own yourhome, you maywant to contact your
submit awell watertest from a Massachusetts local municipalityto find out ifthere are anyzoning
requirementsforoperating afamily daycare home.
Department of Environmental Protection approved
IMPORTANT REGULATORY INFORMATION
Aclear understanding ofthe regulationswill enableyou to providethebest possible careforthe children in yourhome.
Thefollowing summaries explain both the regulations and additionalOfficeforChildren policies. Yourlicensorwill
discussthese issues and answeranyofyourquestionsduringyourvisit. You will be askedtosignthe statement atthe
end ofthis section attestingto your understanding ofthese regulations.
NUMBER OF CHILDREN You may only care forthree children underthe age of
The numberthat will appearon your License is the two, provided that one ofthe three is at least 15
months old and walkingwithout assistance.
numberof day care children you are able to care for
at any one time. It is determined by starting with six, Once you begin enrolling day care children, you may
and then subtracting any of yourown "participating" find that you have several part-time children. You can
children. enroll as many children as you want, but only the
A participating child is yourown child, age 5 orover numberofchildren listed on your license can be
and under 10, who is present in your home, oron present at any one time in your home. There is no
overlap allowed by law.
your property, for more than 3 consecutive hours
during the time you are operating yourday care You must also be aware that any child, underthe age
home. If yourown child(ren) is under 5 years of age, of 16, that comes on yourproperty, whetheror not
they must count wheneverthey are present during accompanied by anotheradult, counts in yourday
day care hours. Generally, this means that once a care numbers. This includes friends of yourown
child starts school full time, they will not be counted children.
except during the summer. They will not be counted
Keeping your enrollment in compliance with the law is
after school, on holidays, school vacations, sickdays,
especially important forthe safety and care ofthe
or snow days.
children and for yourown liability.
FamilyDayCare 4 LicensingGuide
SUPERVISION
If you must leave the presence ofthe children, you
Directly supervising children in your home is one of are responsibleto ensure that:
the most important responsibilities of family day care. 1. Your absence is as short as necessary
Direct supervision means being on the same floor
level as the children and being able to see and/or 2. The doors are open, if you and the children are in
separate rooms
hearthemwithout interference. Providing supervision
as intended by OFC in its regulations requires you to 3. The children are in a hazard-free environment
exercise good judgment. You will find that organizing 4. Any child under 18 months of age is in a crib,
your household and yourday care activities with
porta-crib orplaypen
some planning in advance will help you and the
children thrive and will make good judgment govern 5. No child has access to water; and
day-to-day decisionmaking.
6. No child is monitoring anotherchild.
The Office for Children regulations have several
If any child in yourcare is unusually aggressive or
specific requirements regarding supervision, and it is active and exhibits behaviordifficulties, you are
important that you know all of them. During day care expected to take additional precautions to ensure the
you must:
safety of all children.
1. Be on the same floor level as the children
2. Be on the same floor levelwhen children are DISCIPLINE
napping
Managing a child's behaviorcan be very challenging,
3. Check napping children at least every 15 minutes particularlyforyou as a day care provider. Discipline
4. Have the children on the same floor levelwhen means teaching a child how to behave. Setting
you prepare meals and ifthey are in another reasonable expectations, the opportunityforchildren
room, check on them every 15 minutes to be part of the discipline process by offering them
choices, and encouraging themto develop self-
5. Be outside when the children use the porch, deck control are important parts of any behaviormanage-
oryard (there are some exceptions tothis ment plan.
regulation that your licensorwill reviewwith you).
Only providers and approved assistants are allowed
In addition, the regulations require you to be the to discipline day care children.
person directly supervising the children, unless you
Regulations prohibit:
are using an approved assistant or a household
member approved assistant. You cannot leave the 1. Anyformof corporal punishment (i.e. hitting,
children with a memberof yourfamily, a neighboror spanking, or in anyway physically harming a
anyone who is not an OFC approved assistant, child)
except in an emergency, when you may leave the
children with a designated emergency back-up 2. Verbal abuse or humiliation
person. 3. Depriving children offood
The Office forChildren also has awritten supervision 4. Force feedingchildren
policyto explain other situationsthat may arise when
5. Excessive time-out (no morethan one (1) minute
you are caring forchildren and how afamily daycare
per age of child)
provider is expected to act when theyoccur. For
example, OFC recognizes thatthere will be times 6. Putting a childoutofthe sight of the provider.
when you must:
Providers must not discipline children forsoiling,
1. Care for a mildly ill child wetting ornot usingthe toilet. Unusual orexcessive
practicesfortoileting are not allowed.
2. Use the bathroom or assist a child to usethe
bathroom More information onthis topic is available inthe
Orientation Manual. Call your licensorif you have
3. Answerthe door.
specificquestions.
FamilyDayCare 5 licensingGuide
It Is very Important to discuss with parents the OTHER RESPONSIBILITIES
methods you will be using In managing the REQUIRED BY LAW
behavioroftheirchildren. Philosophies on disci-
As afamily daycare provideryou must:
pline often differ and open communication with
parents Is essential. 1. Make reasonable accommodations to serve
childrenwith disabilities unlessthe accommoda-
tions would impose an undue hardship. (Referto
PROTECTING CHILDREN the Orientation Manual for more information.)
FROM ABUSE AND NEGLECT
2. Provide day care regardless of sex, race, religion,
There are two distinct responsibilities forthe provider cultural heritage, disability, or marital status ofthe
in this category. parent.
1. Providers must operatetheir homes in such a way 3. Honorthe confidentiality of all records/information
to protect children from abuse and neglect. This kept about children.
means:
4. Use individual carseats orseat beltswhenever
a. Always directly supervise children transporting children. (Refertothe Orientation
Manual for more information.)
b. Assuring that no otherchild oradult ever
abuses a day care child 5. Make a report to the Department of Social Ser-
c. Never neglecting a child's physical oremotional vices if you have reasonto believethat a child in
yourcare is suffering from physical oremotional
needs, including provision offood, diapering
injurydue to abuse or neglect. (Refertothe
and toileting
Orientation Manual for more information.)
d. Never leaving children unattended anywhere
6. Not provide family day care at anyonetime for
e. Never abusing or contributing to the abuse of a morethan the numberof children which appears
child. on the license.
You must notify the Office if any report of abuse or
neglect is filed against you, an approved assistant,
any household member, or any person regularly on
the premises.
Any finding that a provideror an approved assistant is
in any way responsible forthe abuse or neglect
occurring at the family day care home may result in
emergency suspension or revocation of a license or
certificate.
2. Family Day Care providers and approved assis-
tants are Mandated Reporters and must, by law,
report any reasonable belief that a child has been
or is being abused or neglected. If you believe
that a child in yourcare is being abused, you must
immediately call the local Department of Social
Services area office orChildAt Risk Hot Line.
Failure to report is unlawful and could result in
legal action against you.
More information on identifying and reporting
abuse or neglect is available inthe Orientation
Manual.
FamilyDayCare 6 licensingGuide
LIST OF REQUIRED NOTIFICATIONS APPROVED ASSISTANT, HOUSEHOLD
MEMBER APPROVED ASSISTANT, AND
Afterthe license is issued, you must notify the Office EMERGENCY BACK-UP PEOPLE
forChildren if any ofthe following occurs. Please note
the time deadlines for each. Approved Assistant
1. Advance notice necessary. Thirty (30) days prior 1. Qualifications. The same asthe providers (see
to anychange in locationoraddress you must licensing guide).
notifythe office inwriting and request an applica- 2. You may use any approved assistantthat has a
tionformforthe new address. Licenses are not
valid certificate. Before you use any approved
transferableto another location.
assistant, you must call the local Officeto verify
2. Immediately, when a reportof abuse or neglect is thatthey have avalidcertificate.
filed withthe Department of Social Services 3. Whenyou care formore than 3 children underthe
against you, an approved assistant, a household
age of 2, you must have an approved assistant
member, or any otherperson regularlyonthe
present. Ifyou will not be there, two approved
premises.
assistants must be present.
3. Immediately,when there has been adeath, 4. Whenyou use an approved assistant, you must
hospitalization, or emergencytreatment of any
keep a log documenting the days and timesthat
day care child that resulted from an accident or
they are present.
injurywhile the child was in yourcare.Awritten
report (see sample forms packet) must be filed Household Member Assistant
with OFCwithin 48 hours ofthe incident. 1. Qualifications. They must be at least 17yearsold
4. Within five (5) days, ofthe initiation of any legal and live in your home
proceedings that are brought against you or 2. They mustfile an application with the Office,
anyone regularly on the premises. submittingthe names oftwo personal references
5. Within seven (7) days ifthe family day care and a CORI I form.
home telephone numberchanges. 3. They can be used upto 8 hours aweekbut no
6. Within seven (7) days ofthechange, if there are more than 25 hours in a year.
any additionsto yourhousehold, inwriting. (See 4. You must keep a log documentingthedays and
sample forms packet.) timesthat you use a HMAA.
7. Promptly, if you stop providing daycareformore 5. If you have more than 1 HMAA, theircombined
than thirty (30) days. total of hoursworkedcannot exceed 25 hours per
year.
Emergency Back-Up Person
1. This person must live within 10 minutes from your
home.
2. This person does not needto be a household
memberoran approved assistant.
3. You can only usethis person in an unanticipated
medical emergency. This emergencycan include
day care children, yourown children, spouse, or
yourself.
4. You cannot use an unapproved person fora
scheduleddoctor's appointment.
FamilyDayCare 7 LicensingGuide
ISSUES TO BE DISCUSSED AT THE VISIT
1. Discipline
2. Supervision
3. Protecting children from abuse and neglect
4. Additional responsibilities required by law
5. Required notificationsto the office
6. Nutrition plan
7. Medical emergency procedures
8. Numberof children
/have readandunderstandthe information on discipline;protecting children fromabuse andneglect;other
responsibilities requiredbylaw; listofrequirednotifications; numberofchildren;approvedassistants, household
memberapprovedassistants, andemergencybackuppeople; andsupervision.
Provider's Signature Date
Licensor's Signature Date
Formoreinformation, pleasecontactyourlicensor.
EMERGENCY EVACUATION PLAN
The regulations specify that you must have a written plan approved bythe Office forthe evacuation of children
from the day care home. This plan must be kept currenttaking into account the children that you have enrolled
(i.e. infants, children with disabilities). You must practice from each approved floor level at least once a month
and keep a log (see sample form #9). Please answerthe following questions, designed to help you formulate
yourplan. The licensorwill reviewthis plan with you on the visit.
Whatis the evacuation route from each floorlevel? Where isyourgatheringplace onceyou are outside?
Whatisyourmethodforcontacting the fire depart- Doyou have daycare childrenorhouseholdmem-
mentoremergencypersonnel? bers who willneedspecialassistance in evacuating?
Yes No
Ifyes, please explain:
FamilyDayCare 8 licensingGuide
PRELICENSING VISIT Inside Playspace
Afteryourcompleted application has been received, 1. Verify space requirements (225 square feetfor
your Family Day Care Licensorwill be calling you six children.
within the next fewweeksto set up atime fora visit.
2. Storage of potentially hazardous materials:
This visit will take between 60 to 90 minutes. If you
have any questions orconcerns, thatwould be a a. Kitchen: cleaning materials, sharp knives
good time to discuss them with your licensor. and tools, plastic bags, boxed wrapwith serrated
edges, matches/lighters, thumbtacks
The licensorwill be looking at all the areas to be used
by the day care children. You need to be sure that b. Bathroom: cleaning materials, including
these areas, including all the exits used by children, aerosols, razors, shampoos, cosmetics, medica-
are free of hazards. tions. Electrical appliances (toothbrushes, curling
The following itemswill be checked by the licensor irons, shavers, hairdryers plugged in near sink)
during the visit. The Office for Children cannot issue a c. Bedrooms: cosmetics, perfumes, deodor-
license until your home meets day care regulations. ants, loose change, waterbeds
We suggest that you take the time to use this check-
3. Heating Sources:
list to help prepare you forthe licensorto visit.
a. All radiators, hot waterpipes, coal/wood
stoves, gas-on-gas stoves (usedfor heating),
Outside Playspace fireplaces must be made inaccessible to children
1. Verify space requirement (75 square feet per 4. All unused electrical outlets must be covered
child is required)
5. Stairways:
2. Swimming pools. See Reg. 8.08 (11) for a. Well-lighted and hazard free
detailed information
b. Open stairways of four stairs or more must
3. Decks. See Reg. 8.07(3)(c) fordetailed infor-
be protected so that children cannotfallthrough
mation
the open side
4. Potential hazards:
c. Gates are required if you care forchildren
a. Accessibilityto a busy street underthe age ofthree. Referto Reg. 8.08(14)
b. Potentially hazardous materials: yard tools, 6a. Operabletelephone required.
chemicals, ladders, lawn mowers, junk, animal
6b. Emergency telephone numbers. Thefollowing
feces
must be postedvisibly next to yourtelephone:
c. Standing water including lakes, rivers, Fire, Police, Ambulance, Poison Control Center,
brooks, wetlands, drainage ditches Nearest Emergency Health Care Facility, yourtwo
(2) emergency back-up people, youraddress and
d. Play structures, sandboxes, outside toys yourphone number
e. Any other hazard in yourplayspace (rail- 7. First aid materials. You must have, preferably in
road tracks, steep drop-offs, etc.) one location, thefollowing: adhesive tape, twee-
zers, instant cold pack, gauze pads, gauze rolls,
latex disposable gloves, bandages, syrupof
ipecac, thermometer, scissors, moneyforapay
phone. The bandage compress listed in the
regulations is not necessary.
8. Napping Materials. You must have available
enough individual materials (sleeping bags, mats,
playpens, etc.) forthe numberof children you are
requesting to care for.
