Current Status Introducing Body:House Bill Number:4167 Primary Sponsor:Davenport Committee Number:27 Type of Legislation:JR Subject:Child day care center regulations, delay of Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:436/11367AC.93 Introduced Date:19930505 Last History Body:House Last History Date:19930505 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Davenport Neilson Hines Jaskwhich Thomas Vaughn Haskins Robinson Baxley Spearman Koon Type of Legislation:Joint Resolution
Bill Body Date Action Description CMN Leg Involved
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4167 House 19930505 Introduced, read first time, 27
referred to Committee
View additional legislative information at the LPITS web site.
TO DELAY THE IMPLEMENTATION DATES OF CERTAIN DEPARTMENT OF SOCIAL SERVICES PRIVATE AND PUBLIC CHILD DAY CARE CENTER REGULATIONS CONTAINED IN DOCUMENT NO. 1494 WHICH WERE PUBLISHED AS FINAL REGULATIONS APRIL 23, 1993, IN VOLUME 17, ISSUE NO. 4 OF THE STATE REGISTER AND TO REQUIRE THE DEPARTMENT TO CLARIFY CERTAIN PROVISIONS, AND REPORT THIS TO THE SENATE MEDICAL AFFAIRS AND HOUSE MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS COMMITTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) Notwithstanding the publication of Document No. 1494, Department of Social Services Private and Public Child Day Care Center Final Regulations, April 23, 1993, in Volume 17, Issue No. 4 of the State Register, the effective date of these provisions in those regulations is September 1, 1994:
(1) Regulation 114-500(A)(9) which reads:
"(9) Training. Participation during the calendar year, in workshops, conferences, educational or provider associations, formal schooling, in service training or planned learning opportunities provided by qualified professional child care consultants. Training must be in subject areas related to child care, child growth and development and/or early childhood education, nutrition, infection control/communicable disease management and causes, signs and treatment of child abuse or neglect and must include alternatives to corporal punishment. Training for directors may also be in areas related to supervision of day care staff or program administration."
(2) Regulation 114-502(B)(4) which reads:
"(4) In facilities licensed/approved after the effective date of these regulations, all caregivers shall have at least a high school diploma or General Educational Development Certificate (GED), and at least six months experience as a caregiver in a licensed/approved child day care facility. If caregivers do not meet experience requirements, they shall be directly supervised for six months by a staff person with at least one year experience as a caregiver in a licensed/approved child day care facility. Within six months, caregivers must have six clock hours of training in child growth and development/early childhood education, or shall continue to be under the direct supervision of a caregiver who has at least one year of experience as a caregiver in a licensed/approved child day care facility."
(3) Regulation 114-502(B)(5) which reads:
"(5) In facilities licensed/approved before the effective date of these regulations, caregivers shall comply with the qualifications listed in (4) above upon license/approval renewal after July 1, 1994."
(4) Regulation 114-503(C)(1) which reads:
"(1) The director shall provide at least thirty-five square feet of indoor play space per child, measured by Department staff from wall to wall. Department staff shall determine the total number of children to be cared for in each room by measuring and computing the rooms separately. Bathrooms, reception areas, isolation rooms, halls and space occupied by cupboards, shelves, furniture and equipment which are accessible to children for their use shall be allowable space. Kitchens, storage rooms and storage cabinets used solely for or by staff shall be excluded. Halls, although included in total indoor space, shall not be used for activities or storage of furniture and equipment."
(B) The Department of Social Services regulations addressing the matters contained in those regulations enumerated in subsection (A) that were in effect on April 22, 1993, are reinstated and remain in effect through August 31, 1994.
SECTION 2. (A) Notwithstanding the publication of Document No. 1494, Department of Social Services Private and Public Child Day Care Center Final Regulations, April 23, 1993, in Volume 17, Issue No. 4 of the State Register, the effective date of these provisions is sixty days after this resolution's effective date for Regulation 114-501(C)(1)(h) which reads:
"(h) Criminal history background records check forms for the operator, director, staff, emergency person(s) and volunteer(s) (for facilities subject to licensure);".
(B) Within thirty days of this resolution's effective date the Department of Social Services shall clarify the frequency with which criminal history background records check forms must be updated pursuant to Regulation 114-501(C)(1)(h) and shall report this clarification to the Senate Medical Affairs Committee and the House Medical, Military, Public and Municipal Affairs Committee.
(C) Any Department of Social Services regulations pertaining to criminal history background records in effect April 22, 1993, are reinstated and remain in effect until sixty days after this resolution's effective date.
SECTION 3. (A) Notwithstanding the publication of Document No. 1494, Department of Social Services Private and Public Day Care Center Final Regulations, April 23, 1993, in Volume 17, Issue No. 4 of the State Register, the implementation dates for Regulation 114-503(A) are delayed for one year so that with this delay Regulation 114-503 A. reads:
"A. Staffing and Supervision.
(1) Each center shall have a director or designated staff person acting in the director's role on the premises during all hours of operation.
(2) The number of children supervised by one child day care staff member at any one time shall not exceed the following ratios, taking into account the methods and conditions cited in (3) through (8) below:
09/01/94 09/01/95 09/01/96
Age of Children Staff:child Staff:childStaff:child
Birth to one year 1:7 1:6 1:6
One to two years 1:7 1:6 1:6
Two to three years 1:11 1:101:10
Three to four years 1:14 1:141:13
Four to five years 1:19 1:191:18
Five to six years 1:23 1:22 1:21
Six to twelve years 1:25 1:241:23
(3) Adequate supervision and ratios stated above shall be maintained at all times.
(4) In determining staff to child ratios, the following shall apply:
(a) Volunteers may work under supervision with the children and shall be counted in the staff to child ratios if all staff requirements, with the exception of training requirements, are met in accordance with Department of Social Services Day Care Center Regulations, and actual hours with the children are documented;
(b) If the center serves drop-in children, the director shall provide sufficient staff to meet the minimum staff to child ratios necessary for the regular enrollment plus the number of drop-ins present at any one time;
(c) Service staff, such as cooks and janitors, may be counted in the staff to child ratios only during the time they are giving full attention to the direct supervision of the children. Service staff shall meet the same training requirements as caregivers.
(5) During overnight sleeping periods, the following shall apply:
(a) One staff person shall be awake and alert in each sleeping area at all times;
(b) At least two staff shall be on the premises at all times;
(c) The same staff to child ratios applied for naptime care shall apply for overnight care.
(6) The director shall present written evidence that a plan has been worked out whereby an additional outside person can be quickly summoned to assist in an emergency. This emergency person shall meet all staff requirements in accordance with Department of Social Services Day Care Center Regulations with the exception of training requirements.
(7) No center shall operate unless at least two staff persons are on the premises at all times when enrollment reaches nine or four or more children are younger than two years old:
(a) At least one person shall maintain supervision of the children at all times;
(b) A second person shall be immediately available.
(8) No center director or staff person shall be on duty with the children for more than twelve continuous hours on a regular basis.
(9) A child who has spent twelve or more hours in the child day care center shall not be also enrolled for overnight care, except in cases of special circumstances.
(10) Staff-to-child ratios shown below shall be maintained while children are utilizing swimming pools:
Age Staff-child ratios
Under 2 1/2 years One staff to one child
2 1/2 to five years One staff to four children
Five years and older One staff to six children
(11) A staff person included in staff to child ratios shall have current life saving certification and shall constantly supervise the swimming activity.
(12) During naptime, the following staff to child ratios shall be maintained:
Age of children Staff-child ratios
Birth to two years One staff to eight children
Two years to three years One staff to twelve children
Three years to four years One staff to fifteen children
Four years to five years One staff to twenty children
Five years and above One staff to twenty-five children
(13) A sufficient number of staff to meet staff to child ratios shall be awake in the napping room(s) at all times."
(B) The Department of Social Services regulations pertaining to child/staff ratios in effect on April 22, 1993, are reinstated and remain in effect until the effective dates provided for in this section.
SECTION 4. This joint resolution takes effect upon approval by the Governor.