Rules for the Licensing of Child Care Facilities 10-148 cmr chapter 32

PERSONNEL

111. 
     Staff requirements for all Child Care Facilities
     

1. 
   Student assistants or volunteers. Students at least sixteen (16) years of age serving as assistants or volunteers in a child caring capacity need not be counted as children in care and shall not be counted as staff.
   

2. 
   Supervision of student assistants or volunteers. Students in Section 12.1.1 above must be under the direct supervision and observation of a staff member.
   

3. 
   First aid and CPR. There must be present at all times a staff member in each Child Care Facility who is currently certified in first aid and infant, child and adult Cardio Pulmonary Resuscitation (CPR).
   

4. 
   Assigned tasks. Administrative and childcare staff must be able to perform their assigned tasks and meet all staff requirements in these rules.
   

5. 
   Exercise good judgment. Childcare staff responsible for or assisting with the care of children in the facility and other paid or unpaid staff and volunteers shall be emotionally stable and mature, able to exercise good judgment in the handling of children and shall not engage in any action or practice that may be deemed detrimental to the welfare of the children.
   

1. 
   Detrimental actions or practices. Actions or practices that may be deemed detrimental to the welfare of children or that are potentially harmful to children are strictly prohibited.
   

2. 
   Such actions or practices as defined by the Division of Licensing and Regulatory Services include but are not limited to the following:
   

1. 
   Corporal punishment, as defined in Section 1.6;
   

2. 
   Use of a stick or other instrument in disciplining a child;
   

3. 
   Sexual abuse;
   

4. 
   Lack of supervision;
   

5. 
   Neglect in any form;
   

6. 
   Withholding food or drink;
   

7. 
   Derogatory remarks to or about children or parents;
   

8. 
   Name calling;
   

9. 
   Shaming or embarrassment;
   

10. 
    Unusual confinement; or
    

11. 
    Rough handling.
    

6. 
   Reporting requirement. The applicant or licensee shall immediately report to the department the following information regarding themselves and information known to them about other persons residing or employed in the facility:
   

1. 
   Convictions. Any convictions for sexual or violent crimes involving adults or activities which could have resulted in convictions for such crimes if prosecuted;
   

2. 
   Crimes involving children. Any crimes involving children or activities which could have resulted in convictions for such crimes if prosecuted;
   

3. 
   Substance abuse. Any admission to a substance abuse treatment facility, or conviction within the past five years of OUI (operating under the influence of intoxicants or with an excessive blood-alcohol level) or for any other activity which involves substance abuse;
   

4. 
   Hospitalization. Any serious physical or mental health problems that have required admission to a hospital or other inpatient facility;
   

5. 
   Allegations of child abuse. Whether Child Protective Services or the Out-of-Home Investigations Unit of the Division of Licensing and Regulatory Services has ever investigated the applicant or licensee or other individuals who may have contact with the children in care for allegations of child abuse or neglect;
   

6. 
   License suspension. Any prior conditional licenses, license suspension, fine and/or revocation regarding a child or adult care license or approval issued to the applicant;
   

7. 
   Removal of children from care. The removal of children from their care or custody by court order; and
   

8. 
   Other information. Any other information regarding their circumstances or treatment of children that is relevant to the department's decision to issue a license.
   

7. 
   Written release. If such information as described above exists, the Child Care Facility license applicant or licensee shall furnish the department with written releases permitting the department to obtain information regarding any of the above from appropriate officials or persons to determine whether there is a present threat to the health, safety and welfare of children.
   

8. 
   Licensing decision. In deciding what action to take regarding a license under the foregoing circumstances, the department shall make a determination if sufficient evidence has been presented by the applicant or licensee to indicate that the problems which resulted in any of the above have been adequately resolved so that the applicant or licensee or other persons residing in or employed in the facility will be in compliance with applicable law and rules.