Subpart D. NONRESIDENTIAL AGENCIES, FACILITIES AND

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Ch. 3270CHILD CARE CENTERS55Subpart D. NONRESIDENTIAL AGENCIES, FACILITIESAND SERVICESArt.Chap.I.II.III.IV.LICENSING/APPROVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3270PURCHASING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Reserved]COUNTY-ADMINISTERED SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . 3480DEMONSTRATION PROJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3620ARTICLE I. c.CHILD CARE CENTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .GROUP CHILD CARE HOMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .FAMILY CHILD CARE HOMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ADOPTION SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CHAPTER 3270. CHILD CARE CENTERSGENERAL ”Statement of policy.Definitions.GENERAL .Application for and issuance of a certificate of compliance.Appeals.Waivers.Pertinent laws and regulations.Building codes.Dual licensure.Service to a child with special needs.Liability insurance.Child abuse reporting.Reporting injury, death or fire.Reporting injury, death or fire—statement of policy.General health and safety.[Reserved].Communication with parents.Parent access and participation.Departmental access.[Reserved].3270-1(403301) No. 556 Mar. 213270.13280.13290.13300.13350.1

55CHILDREN, YOUTH AND FAMILIESPt. V3270.25. Availability of certificate of compliance and applicableregulations.3270.25a. [Reserved].3270.26. Compliance with nondiscrimination statutes.3270.27. Emergency plan.FACILITY 70.35.3270.36.3270.37.Age and training.[Reserved].Suitability of persons in the facility.General requirements for facility persons.Director qualifications and responsibilities.Group supervisor qualifications and responsibilities.Assistant group supervisor qualifications and responsibilities.Aide qualifications and responsibilities.STAFF:CHILD ar age level.Mixed age level.Children of an operator or a staff person.Minimum number of facility persons in the child care facility.Ratios while children are napping.PHYSICAL asurement and use of indoor child care space.[Reserved].Measurement and use of play space.Unsafe areas in outdoor space.Outside walkways.Protective electrical covers.Toxics.Sanitation.Smoking.Water.Indoor temperature.Hot water pipes and other sources of heat.Ventilation.Telephone.Emergency telephone numbers.First-aid kit.[Reserved].Building surface Toilet areas.3270-2(403302) No. 556 Mar. 21Copyright 娀 2021 Commonwealth of Pennsylvania

Ch. 3270CHILD CARE CENTERSFIRE s.Space heaters.Fireplaces and woodburning and coalburning stoves.Fire drills.Fire 7.3270.108.Type of play equipment.Condition of play equipment.[Reserved].Playground protective surface covering—statement of policy.Small toys and objects.Furniture.High chairs.Rest .3270.119.Daily activities.Infant and toddler stimulation.Supervision of children.[Reserved].[Reserved].Outdoor activity.Water activity.[Reserved].School-age children.Release of children.[Reserved].Pets.Infant sleep position.PROCEDURES FOR cation.Admission interview.Agreement.Emergency contact information.CHILD 4.3270.135.3270.136.3270.137.3270.138.Health information.[Reserved].Emergency medical care.Child medication and special diets.Child hygiene.Diapering requirements.Reporting diseases.Children with symptoms of disease.Discrimination based on illness.3270-3(403303) No. 556 Mar. 2155

55CHILDREN, YOUTH AND FAMILIESPt. VADULT 4.3270.155.Health assessment.Tuberculosis testing—statement of policy.Adult hygiene.Facility persons with symptoms of disease.Facility persons with skin disorders.Discrimination based on 64.3270.165.3270.166.Food.Meals.Food groups.Food servings.Menus.Meals for p and drop-off points.Consent.Transportation ratios.Age of driver.Safety restraints.Vehicles.Supervision.Transportation first-aid kit.CHILD 5.Individual records.Content of records.Confidentiality of records.Release of information.Record retention.ADULT RECORDS3270.191. Individual records.3270.192. Content of records.3270.193. Confidentiality of records.3270.201—3270.210. [Reserved].3270-4(403304) No. 556 Mar. 21Copyright 娀 2021 Commonwealth of Pennsylvania

Ch. 3270CHILD CARE CENTERS55 § 3270.1HEAD START PROGRAMS3270.221. Certificate of compliance.SPECIAL f qualifications.[Reserved].[Reserved].Stacked cribs and crib slats.SCHOOL-AGE PROGRAMS3270.241. Requirements specific to school-age programs.AuthorityThe provisions of this Chapter 3270 issued under Articles IX and X of the Human Services Code(62 P.S. §§ 901—922 and 1001—1087), unless otherwise noted.SourceThe provisions of this Chapter 3270 adopted April 3, 1992, effective April 4, 1992, 22 Pa.B. 1651,unless otherwise noted.Cross ReferencesThis chapter cited in 4 Pa. Code § 7a.1 (relating to definitions); 55 Pa. Code § 168.2 (relating todefinitions); 55 Pa. Code § 3041.13 (relating to parent choice); 55 Pa. Code § 3041.16 (relating tosubsidy limitations); 55 Pa. Code § 3680.1 (relating to applicability); and 55 Pa. Code § 3800.3(relating to exemptions).GENERAL PROVISIONS§ 3270.1. Introduction.This chapter is promulgated to facilitate the safe and healthful care of a childin a child care center and to support families by providing care that promotes theemotional, cognitive, communicative, perceptual-motor, physical and socialdevelopment of the child.AuthorityThe provisions of this § 3270.1 amended under Articles IX and X of the Human Services Code(62 P.S. §§ 901—922 and 1001—1088).SourceThe provisions of this § 3270.1 amended December 18, 2020, effective December 19, 2020, 50Pa.B. 7133. Immediately preceding text appears at serial page (347469).Cross ReferencesThis section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs).§ 3270.2. Purpose.The purpose of this chapter is to provide standards to aid in protecting thehealth, safety and rights of children and to reduce risks to children in child carecenters. This chapter identifies the minimum level of compliance necessary toobtain the Department’s certificate of compliance.AuthorityThe provisions of this § 3270.2 amended under Articles IX and X of the Human Services Code(62 P.S. §§ 901—922 and 1001—1088).3270-5(403305) No. 556 Mar. 21

55 § 3270.3CHILDREN, YOUTH AND FAMILIESPt. VSourceThe provisions of this § 3270.2 amended December 18, 2020, effective December 19, 2020, 50Pa.B. 7133. Immediately preceding text appears at serial page (347469).Cross ReferencesThis section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs).§ 3270.3. Applicability.(a) This chapter applies to facilities in which out-of-home care is provided,at any one time, for part of a 24-hour day to seven or more children, 15 years ofage or younger, including:(1) Care provided to a child at the parent’s work site when the parent is notpresent in the child care space.(2) Care provided in private or public, profit or nonprofit facilities.(3) Care provided before or after the hours of instruction in nonpublicschools and in private nursery schools and kindergartens.(b) This chapter does not apply to:(1) Care provided by relatives.(2) Care furnished in places of worship during religious services.(3) Care provided in a facility where the parent is present at all times childcare is being provided.(4) Care provided during the hours of instruction in nonpublic schools andin private nursery schools and kindergartens.(c) A legal entity seeking to operate a child care facility as defined in thischapter shall apply for an initial or renewal certificate of compliance in accordance with the requirements established in Chapter 20 (relating to licensure orapproval of facilities and agencies).(d) Requirements relating to programs serving only school-age children are in§ 3270.241 (relating to requirements specific to school-age programs).Notes of DecisionsPromulgating RegulationsThe Department of Public Welfare has the authority to promulgate regulations under Article IX ofthe Public Welfare Code requiring nonprofit day care facilities to have a certificate of compliance inorder to operate. St Elizabeth’s Day Care Center v. Department of Public Welfare, 963 A.2d 1274 (Pa.2009).AuthorityThe provisions of this § 3270.3 amended under Articles IX and X of the Human Services Code(62 P.S. §§ 901—922 and 1001—1088).SourceThe provisions of this § 3270.3 amended December 18, 2020, effective December 19, 2020, 50Pa.B. 7133. Immediately preceding text appears at serial page (347470).Cross ReferencesThis section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs).§ 3270.3a. Applicability—statement of policyThis chapter is not applicable to a part-day school-age program for childrenwho attend kindergarten or older but under 16 years of age as follows:(1) A part-day school-age program that operates for less than 90 consecutive days per calendar year from the date the program opens to the date theprogram closes. This clarification does not apply to a legal entity that has a3270-6(403306) No. 556 Mar. 21Copyright 娀 2021 Commonwealth of Pennsylvania

Ch. 3270CHILD CARE CENTERS55 § 3270.4certificate of compliance to operate a child care center or group child carehome and that increases its enrollment to include school-age children in thesummer and on school holidays.(2) A part-day school-age program that operates 2 hours or less per day for3 or fewer days per week.(3) A part-day school-age program that has a single purpose for the children’s attendance and that purpose is the only focus of the program. Forexample, basketball or art class.(4) Tutoring programs that are licensed by or approved and funded by thePennsylvania Department of Education (PDE), for example:(i)Tutoring centers and educational testing and remedial centerslicensed by PDE under 22 Pa. Code Chapters 61 and 63 (relating to tutoringcenters and educational testing; and remedial centers).(ii)Educational assistance programs operated by school districtsdirectly or by contract with an outside provider approved by PDE.(iii) Classroom Plus Programs.(iv) Supplemental Education Services Programs.(5) A drop-in program where the child may come and go at will.SourceThe provisions of this § 3270.3a adopted September 14, 2007, effective September 15, 2007, 37Pa.B. 5018.§ 3270.4. Definitions.The following words and terms, when used in this chapter, have the followingmeanings, unless the context clearly indicates otherwise:ACIP—The Advisory Committee on Immunization Practices of the Centersfor Disease Control and Prevention, United States Department of Health andHuman Services.Act—The Human Services Code (62 P.S. §§ 101—1503).Age level—The grouping category appropriate for the child’s age.(i)Infant—A child from birth to 1 year of age.(ii) Young toddler—A child from 1 to 2 years of age.(iii) Older toddler—A child from 2 to 3 years of age.(iv) Preschool child—A child from 3 years of age to the date the childenters kindergarten in a public or private school system.(v)Young school-age child—A child who attends kindergarten to thedate the child enters the 4th grade of a public or private school system.(vi) Older school-age child—A child who attends the 4th grade of apublic or private school system through 15 years of age.CPS—Child Protective Services.CPSL—Child Protective Services Law—Title 23 of the Pennsylvania Consolidated Statutes Chapter 63 (relating to the Child Protective Services Law).CRNP—Certified Registered Nurse Practitioner.3270-7(403307) No. 556 Mar. 21

55 § 3270.4CHILDREN, YOUTH AND FAMILIESPt. VCasual contact—The ordinary, routine and age-appropriate association ofchildren, parents and facility persons in the course of daily assembly in a facility.Certificate of compliance—A document issued by the Department to a legalentity permitting the entity to operate a specific type of facility at a specificlocation for a specific period of time according to applicable Department regulations. A certificate of compliance approves the operation of a facility subjectto Article IX of the act (62 P.S. §§ 901—922) or licenses the operation of afacility subject to Article X of the act (62 P.S. §§ 1001—1088).Child—A person 15 years of age or younger.Child abuse—Serious physical or mental injury which is not explained bythe available medical history as being accidental; sexual abuse or sexualexploitation; or serious physical neglect of a child if the injury, abuse or neglectof a child has been caused by the acts or omissions of the child’s parent, by aperson responsible for the child’s welfare, by an individual residing in the samehome as the child or by a paramour of a child’s parent. A child will not bedeemed to be physically or mentally abused for the sole reason that the childis in good faith being furnished treatment by spiritual means through prayeralone in accordance with the tenets and practices of a recognized church orreligious denomination by an accredited practitioner thereof or is not providedspecified medical treatment in the practice of religious beliefs or solely on thegrounds of environmental factors which are beyond the control of the personresponsible for the child’s welfare, such as inadequate housing, furnishings,income, clothing and medical care.Child care experience—Care for a child in lieu of care by the parent orguardian for part of a 24-hour day. The term includes care of foster children ina court-supervised arrangement. The term does not include care of related children who reside with an individual. The term does not include supervisedonsite training in the case of a student who is fulfilling the requirements of asecondary or postsecondary child care training or educational curriculum.Child care center—The premises in which care is provided at any one timefor seven or more children unrelated to the operator.Child with special needs—A child who has one or more of the following:(i)A disability or developmental delay identifies on an IEP, an IFSP ora service agreement.(ii) A written behavioral plan that has been determined by a licensedphysician, licensed psychologist or certified behavior analyst.(iii) A chronic health condition diagnosed by a licensed physician, physician’s assistant or CRNP that requires health and related services of a typeor amount beyond that required by children generally.Communicable disease—An illness due to an infectious agent or its toxicproducts which is transmitted directly or indirectly by the infected agent to asusceptible host. Communicable diseases are specified in 28 Pa. Code Chapter27 (relating to communicable and noncommunicable diseases).Department—The Department of Human Services of the Commonwealth.Facility—A child care center.3270-8(403308) No. 556 Mar. 21Copyright 娀 2021 Commonwealth of Pennsylvania

Ch. 3270CHILD CARE CENTERS55 § 3270.4Facility person—A staff person, a substitute staff person, a volunteer, a foodservice person, a janitorial person or another adult who serves in or isemployed by a facility.Fire protection professional—An individual knowledgeable and competentin fire inspections, fire detection, fire suppression systems and practices, fireservice training, emergency preparedness planning and emergency evacuationwhose competence is demonstrated by membership in a professional organization which promotes firesafety education.Group—Children assigned to the care of one or two staff persons. A groupoccupies a space or a defined part of a space.IEP—Individualized education program as defined in 22 Pa. Code §§ 14.101and 14.131—14.133 (relating to definitions; and IEP).IFSP—Individualized family service plan as defined in §§ 4226.5 and4226.71—4226.77 (relating to definitions; and IFSPs).Inspection summary—A document prepared by an agent of the Departmentdescribing each regulatory noncompliance item confirmed as a result of afacility inspection.Legal entity—A person, society, corporation, governing authority or partnership that is legally responsible for the administration of one facility or severalfacilities, or one type of facility or several types of facilities.Night care—Care for a child between the hours of 7 p.m. and 7 a.m.Operator—The legal entity or a person designated by the legal entity toserve as the facility director.Parent—The biological or adoptive mother or father, legal guardian or fostermother or father of the child.Potentially hazardous food—A food that consists in whole or in part of milkor milk products, eggs, meat, poultry, fish, shellfish or other ingredientscapable of supporting rapid and progressive growth of infectious or toxigenicmicroorganisms.Public water system—A system for the provision to the public of water forhuman consumption that has at least 15 service connections or regularly servesan average of at least 25 individuals daily at least 60 days out of the year. Theterm includes:(i)Collection, treatment, storage and distribution facilities under thecontrol of the operator of the system and used in connection with the system.(ii) Collection or pretreatment storage facilities not under control of theoperator which are used in connection with the system.(iii) A system which provides water for bottling or bulk hauling forhuman consumption.Relative—A parent, child, stepparent, stepchild, grandparent, grandchild,brother, sister, half brother, half sister, aunt, uncle, niece or nephew. As appliedto facilities subject to approval under Article IX of the act, the term alsoincludes a stepbrother, stepsister or first cousin.3270-9(403309) No. 556 Mar. 21

55 § 3270.11CHILDREN, YOUTH AND FAMILIESPt. VSchool-age care—Supervised child care in a Departmentally certified facility during the hours when a child is not required to attend school.Service agreement—A service agreement as defined in 22 Pa. Code §§ 15.2and 15.7 (relating to definitions; and service agreement).Space—Indoor or outdoor area designed for child care that is large enoughto accommodate the maximum number of children allowed under this chapter.A space may be used by more than one group of children.Staff person—A person included in the staff:child ratio who is responsible forchild care activities.Supervise—To be physically present with a group of children or with thefacility person under supervision. Critical oversight in which the supervisor cansee, hear, direct and assess the activity of the supervisee.Volunteer—A person 16 years of age or older who is not included in thestaff:child ratio and who assists in implementing daily program activities underthe supervision of a staff person.Waiver—The Department’s written exemption from the requirement of meeting a standard in this chapter.Year—For purposes of calculating, 1 year of child care experience is a minimum of 1,250 clock hours.AuthorityThe provisions of this § 3270.4 amended under Articles IX and X of the Human Services Code(62 P.S. §§ 901—922 and 1001—1088).SourceThe provisions of this § 3270.4 amended May 23, 2008, effective September 22, 2008, 38 Pa.B.2437; amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133. Immediately preceding text appears at serial pages (375653) to (375654) and (334997) to (334998).Cross ReferencesThis section cited in 55 Pa. Code § 3270.17 (relating to service to a child with a disability); 55Pa. Code § 3270.122 (relating to admission interview); and 55 Pa. Code § 3270.241 (relating torequirements specific to school-age programs).GENERAL REQUIREMENTS§ 3270.11. Application for and issuance of a certificate of compliance.(a) A legal entity shall obtain a valid certificate of compliance to operate ata specific location. The certificate of compliance will be issued by the Department to a legal entity prior to commencement of operation at a specified location.(b) A legal entity or a representative of the legal entity shall participate in anorientation training provided by the Department within 12 months prior to commencing operation of the child care center. The orientation does not count towardthe annual minimum of 12 clock hours of child care training required in§ 3270.31(e) (relating to age and training).(c) Prior to issuance of a certificate of compliance, the legal entity or representative of the legal entity shall complete professional development in each ofthe following topics:3270-10(403310) No. 556 Mar. 21Copyright 娀 2021 Commonwealth of Pennsylvania

Ch. 3270CHILD CARE CENTERS55 § 3270.11(1) Prevention and control of infectious diseases (including immunization)and the establishment of a grace period that allows homeless children and children in foster care to receive services under this subchapter while their families (including foster families) are taking necessary action to comply withimmunization and other health and safety requirements.(2) Prevention of Sudden Infant Death Syndrome and use of safe sleeppractices.(3) Administration of medication, consistent with standards for parentalconsent.(4) Prevention of and response to emergencies due to food and allergicreactions.(5) Building and physical premises safety, including identification of andprotection from hazards that can cause bodily injury such as electrical hazards,bodies of water, and vehicular traffic.(6) Prevention of shaken baby syndrome and abusive head trauma.(7) Emergency preparedness and response planning for emergencies resulting from a natural disaster or a man-caused event (such as violence at a childcare facility) within the meaning of those terms under section 602(a)(1) of theRobert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.A.§ 5195a(a)(1)).(8) Handling and storage of hazardous materials and appropriate disposalof biocontaminants.(9) Precautions when transporting children.(10) Pediatric first aid and pediatric cardiopulmonary resuscitation.(d) Completion of professional development shall be documented by the signature and title of a representative of the professional development entity andinclude the date the professional development was completed. Documentationshall be included with the application when it is submitted to the regional office.Documentation of the completion of professional development under subsection(c) taken from September 30, 2016, forward satisfies this requirement.(e) Application for a certificate of compliance shall be submitted to theappropriate regional child care office in accordance with Chapter 20 (relating tothe licensure or approval of facilities and agencies).(f) A certificate of compliance is issued in the manner described in Chapter20, for a period not to exceed 12 months from the date of issue.(g) An agent of the Department will annually conduct at least one onsiteunannounced inspection of a child care facility.(h) The facility is subject to announced and unannounced inspections inaccordance with § 3270.24(b) (relating to Departmental access).(i) Except for § 20.32 (relating to announced inspections), the requirementsin Chapter 20 apply to child care facilities.(j) Sanctions relating to the status of a certificate of compliance are appliedunder the authority of applicable sections of the act, Chapter 20 and this chapter.(k) A facility whose certificate of compliance is current as of December 19,2020, will not be inspected under this chapter until the current certificate of com-3270-11(403311) No. 556 Mar. 21

55 § 3270.12CHILDREN, YOUTH AND FAMILIESPt. Vpliance is due to be renewed or when a regulatory violation is alleged and theDepartment responds to the alleged violation with an inspection.AuthorityThe provisions of this § 3270.11 amended under Articles IX and X of the Human Services Code(62 P.S. §§ 901—922 and 1001—1088).SourceThe provisions of this § 3270.11 amended May 23, 2008, effective September 22, 2008, 38 Pa.B.2437; amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133. Immediately preceding text appears at serial pages (334998) and (338563).Cross ReferencesThis section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs).§ 3270.12. Appeals.(a) Appeals related to the Department’s approval or licensure decisions shallbe made under 2 Pa.C.S. §§ 501—508 and 701—704 (relating to AdministrativeAgency Law) and 1 Pa. Code Part II (relating to General Rules of AdministrativePractice and Procedure).(b) Appeals related to the Department’s approval or licensure shall be madeby filing a petition within 30 days after service of notice of the action.(c) An operator may appeal a Departmental decision relating to the status ofa certificate of compliance of a facility owned or operated by the legal entity.(d) The Department will include information relative to appeal procedureswhen notifying operators of one or more of the following decisions:(1) The denial of a certificate of compliance.(2) The nonrenewal of a certificate of compliance.(3) The revocation of a certificate of compliance.(4) The issuance of a provisional certificate of compliance.(5) The establishment of a period for which a provisional certificate ofcompliance is issued.(6) The reduction of the maximum facility capacity.(7) The denial of an increase in facility capacity.(8) The limiting or precluding admission of persons into the facility.(e) Subsection (b) supersedes the appeal period of 1 Pa. Code § 35.20 (relating to appeals from actions of the staff).SourceThe provisions of this § 3270.12 amended October 3, 2008, effective November 3, 2008, 38 Pa.B.5435. Immediately preceding text appears at serial pages (334999) to (335000).Notes of DecisionsThe Department of Public Welfare’s repeated failure to make timely inspections of day care centerwhich it concealed by issuing provisional certificates based on technical or pretextual deficiencies,then granting retroactive certificates of compliance, enabled the Department to evade scrutiny ofoperator’s appeal of issuance of provisional certificates of compliance by dismissing operator’s appealas moot. Musheno v. Department of Public Welfare, 829 A.2d 1228, 1232—1233 (Pa. Cmwlth. 2003).Such conduct by the Department raised important public issues, such as official competency, candorand accountability, which survive mootness. Id. at 1233.3270-12(403312) No. 556 Mar. 21Copyright 娀 2021 Commonwealth of Pennsylvania

Ch. 3270CHILD CARE CENTERS55 § 3270.13Cross ReferencesThis section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs).§ 3270.13. Waivers.(a) A waiver excuses an operator from meeting a regulatory standard andsubstitutes another standard which the operator shall meet. The substituted standard has the same legal effect as the regulatory standard.(b) The operator shall submit the request for waiver to the regional officebefore the facility is inspected for issuance or renewal of a certificate of compliance.(c) An operator may request a waiver of only the regulatory standards in thefollowing sections:(1) Accreditation requirements which apply to §§ 3270.34—3270.36(relating to director qualifications and responsibilities; group supervisor qualifications and responsibilities; and assistant group supervisor qualifications andresponsibilities).(2) Physical site requirements in §§ 3270.61—3270.82 (relating to physical site).(3) Equipment requirements in §§ 3270.101—3270.108 (relating to equipment).(4) Program requirements in §§ 3270.111—3270.118 (relating to program).(d) The Department will grant a waiver only if the following conditions aremet:(1) The waiver is not requested as a substitute for correcting a Departmental citation of noncompliance.(2) The request for waiver does not alter the applicability or purpose of aregulation.(3) The request shows evidence that the operator has a plan to achieve theobjective of the regulation.(4) The request certifies that the operator will meet regulatory standardsrelated to the health, safety and rights of children.(5) The request for waiver does not violate or condone noncompliance withanother Federal or State statute or regulation.(6) The request for waiver may not jeopardize Federal or State funding.(e) A waiver previously granted for staff person qualifications remains ineffect for the staff person at the location specified.Cross ReferencesThis section cited in 55 Pa. Code § 3270.241 (relating to requirements specific to school-age programs).§ 3270.14. Pertinent laws and regulations.A facility shall be operated in conformity with applicable Federal and Statelaws and regulations. State agencies whose

Act—The Human Services Code (62 P.S. §§ 101—1503). Age level—The grouping category appropriate for the child’s age. (i) Infant—A child from birth to 1 year of age. (ii) Young toddler—A child from 1 to 2 years of age. (iii) Older toddler—A child from 2 to 3 years of age. (iv) Preschool child—A child from 3 years of age to the .

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