The Learning Experience

418-1.13(a)(1) Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

418-1.9(j) Corporal punishment is prohibited. For the purposes of this Subpart, the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child's mouth soap, foods, hot spices or irritants or the like.

418-1.5(a) Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

418-1.4(b)(1) Evacuation drills must be conducted at least monthly during various hours of operation of the child day care center.

418-1.2(a)(19) Applicants for a license must submit to the Office: Statewide Central Register of Child Abuse and Maltreatment and Justice Center for the Protection of Persons with Special Needs

413.4(d)(5) A prospective director, employee or volunteer may begin to work or volunteer at a child day care center, small day care center, school-age child care program, group family day care home or family day care home after completing the check described in paragraphs (1) or (2) of subdivision (a) of this section.

418-1.15(c)(3) The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: the name, address, gender, and date of birth of each child and each child's parents' names, addresses, telephone numbers and place(s) at which the parents or other persons responsible for the child can be reached in case of an emergency;

418-1.14(b) Each applicant for, or individual in the position of director, teacher, or volunteer must complete Office-approved training that complies with federal minimum health and safety pre-service or three-month orientation period requirements. This training must be obtained pre-service or within three months of starting such position.

418-1.11(b)(6) The initial medical statement for staff and volunteers must include the results of a Mantoux tuberculin test or other federally approved tuberculin test performed within the 12 months preceding the date of the application.

418-1.15(c)(5) The program must maintain on file at the child day care center, available for inspection by the Office or its designees at any time, the following records in a current and accurate manner: daily attendance records, which must be filled out at the time a child arrives and departs, and must include arrival and departure times;

418-1.8(j) When a child care center is in operation, an adequate number of qualified teachers must be on duty to ensure the health and safety of the children in care.

418-1.5(w) Cleaning materials must be stored in their original containers unless the product's use or the program's health care plan indicates that the product be mixed with water before use. In this case, the container used for subsequent use of the mixed product must state the name of the cleaning material contained within. Cleaning materials must be used in such a way that they will not contaminate play surfaces, food or food preparation areas, or constitute a hazard to children. Such materials must be kept in a place inaccessible to children.

Corrected during the visit

418-1.15(b)(14)(ii) The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident,

418-1.11(i)(8) The premises must be kept clean and free from dampness, odors and the accumulation of trash.

418-1.10(c)(1) Child care center staff must personally make, or cause to be made, an immediate report to the Statewide Central Register of Child Abuse and Maltreatment by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the Office, to the child protective service of the social services district in the county in which the child resides.

418-1.8(a) Children cannot be left without competent supervision at any time. Competent supervision includes awareness of and responsibility for the ongoing activity of each child. It requires that all children be within a teacher's range of vision and that the teacher be near enough to respond when redirection or intervention strategies are needed. Competent supervision must take into account the child's age emotional, physical, and cognitive development.

418-1.5(a) Suitable precautions must be taken to eliminate all conditions in areas accessible to children which pose a safety or health hazard.

418-1.8(l)(7) Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Corrected during the visit

413.3(g)(3)(i) The Office shall require the child day care program to immediately post upon receipt, in a prominent place at the program that is visible to parents, a copy of the most recent compliance history report issued to the program by the Office.

Corrected during the visit

418-1.13(a)(1) Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

418-1.9(j) Corporal punishment is prohibited. For the purposes of this Subpart, the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child's mouth soap, foods, hot spices or irritants or the like.

418-1.8(l)(7) Except for Office approved continuity of care classrooms, infants may never be mixed with other age groups.

Corrected during the visit

413.3(g)(3)(i) The Office shall require the child day care program to immediately post upon receipt, in a prominent place at the program that is visible to parents, a copy of the most recent compliance history report issued to the program by the Office.

Corrected during the visit

418-1.13(a)(1) Staff and volunteers must be mature, of good character and possess suitable personal qualifications.

418-1.9(j) Corporal punishment is prohibited. For the purposes of this Subpart, the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child's mouth soap, foods, hot spices or irritants or the like.

418-1.13(b)(3) Child day care centers must review and evaluate the backgrounds of all applicants for staff and volunteer positions. All applicants whose backgrounds must be checked are required to provide the following: a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, such applicant has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction and fingerprint images as required to comply with the requirements of 413.4 of this Title;

413.4(d)(6) Pending notification of completion of all required background check components in subdivision (a) of this section, a prospective director, employee or volunteer must always be supervised by an individual who received a qualifying result on the background checks described in paragraph (a) of this section within the past five years. A provisional director, employee or volunteer shall not have unsupervised contact with children in care.