Smart Start

No child may be accepted for care in a child care program unless the program has been furnished with a written statement signed by a health care provider verifying that the child is able to participate in child care and currently appears to be free from contagious or communicable diseases. A child’s medical statement must have been completed within the 12 months preceding the date of enrollment.

Rule 418-1.11(a)(1).

Staff and volunteers must each submit a medical statement on forms furnished by the Office or an approved equivalent from a health care provider: before such person has any involvement in child care work.

Rule 418-1.11(b)(1)(ii).

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.

Rule 418-1.11(b)(6).

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.

Rule 418-1.14(b).

Each staff person and volunteer must complete a minimum of thirty (30) hours of training every two years. The required thirty (30) hours of training every two years is subject to the following conditions: Fifteen (15) of the required thirty (30) hours of training must be obtained during the person’s first six months at the program.

Rule 418-1.14(c)(1).

Staff and volunteers must thoroughly wash their hands with soap and running water at the beginning of each day, before and after the administration of medications, when they are dirty, after toileting or assisting children with toileting, after changing a diaper, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Rule 418-1.11(i)(1).

Children must be kept clean and comfortable at all times. Diapers must be changed when wet or soiled. The diaper changing area must be as close as possible to a sink with soap and hot and cold running water. This area or sink must not be used for food preparation. Diaper changing surfaces must be cleaned and disinfected after each use with an Environmental Protection Agency (EPA) registered product that has an EPA registration number on the label.

Rule 418-1.11(i)(18)(iii).

Staff and volunteers must ensure that children thoroughly wash their hands or assist children with thoroughly washing their hands with soap and running water when they are dirty, after toileting, before and after food handling or eating, after handling pets or other animals, after contact with any bodily secretion or fluid, and after coming in from outdoors.

Rule 418-1.11(i)(2).

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

Rule 418-1.5(a).

The use of any type of personal electronic media device for social or entertainment purposes, including but not limited to, listening to music on headphones, playing screen games, surfing the internet, sending e-mails, or making personal calls while supervising children is prohibited. The use of mobile phones is permitted as necessary to promote the children’s safety and ensuring the orderly operation of the program.

Rule 418-1.8(n).

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.

Rule 418-1.10(c)(1). From a complaint.

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,

Rule 418-1.15(b)(14)(ii). From a complaint.

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.

Rule 418-1.8(a). From a complaint.

The child day care center must employ staff who will promote the physical, intellectual, social, cultural and emotional well-being of the children.

Rule 418-1.8(b). From a complaint.

The child day care center must provide supervision of the staff responsible for the care of children. Workloads and assignments must be arranged to provide consistency of care to children and to allow staff to fulfill their respective responsibilities.

Rule 418-1.8(c). From a complaint.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such 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.

Rule 418-1.5(v). Corrected during the inspection.

Medication must be returned to the parent or guardian when it is no longer required by the child or, with the permission of the parent or guardian, be properly disposed of by the program.

Rule 418-1.11(f)(13).

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: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). Corrected during the inspection.

Peeling or damaged paint or plaster must be repaired.

Rule 418-1.3(h).

Medication must be returned to the parent or guardian when it is no longer required by the child or, with the permission of the parent or guardian, be properly disposed of by the program.

Rule 418-1.11(f)(13).

In the case of medication that needs to be given on an ongoing, long-term basis, the authorization and consent forms for children under the age of 5 years of age must be reauthorized at least once every six months. Any changes in the medication authorization related to dosage, time or frequency of administration shall require a program to obtain new instructions written by the licensed authorized prescriber. All other changes to the original medication authorization require a change in the prescription.

Rule 418-1.11(f)(21).

A written Individual Health Care Plan must be developed for the child;

Rule 418-1.11(h)(5)(i).

All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child’s complete name.

Rule 418-1.12(z).

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 injury,

Rule 418-1.15(b)(14)(iii).

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: children’s individual health care plans; parental consents for emergency medical treatment; child’s medical statement, immunizations, and any available results of lead screening for children not yet enrolled in kindergarten or a higher grade only; the name and dosage of any medications used by a child, the frequency of administration of such medications, and a record of their administration by child care center staff; daily health check documentation; a record of illnesses and injuries occurring while in care; and any indicators of child abuse or maltreatment;

Rule 418-1.15(c)(6). Corrected during the inspection.

Pursuant to New York Public Health Law Section 2500-h, the program must comply with the anaphylaxis policy jointly issued by the Office and the New York State Department of Health and any amendments thereto. The program must notify the parent of any child in care of the anaphylaxis policy when the child is enrolled and annually thereafter. Notification shall include contact information for parents to engage further with the program to learn more about individualized aspects of the anaphylaxis policy.

Rule 418-1.5(ad).

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,

Rule 418-1.15(b)(14)(ii). From a complaint. Corrected during the inspection.

The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Rule 418-1.5(aa). From a complaint. Corrected during the inspection.

Day care programs must comply with all Federal and State requirements for the storage and disposal of all types of medications, including controlled substances.

Rule 418-1.11(f)(19).

The following items must be used and stored in such a manner that they are not accessible to children: handbags, backpacks or briefcases belonging to adults; plastic bags; and toys and objects small enough for young children to swallow.

Rule 418-1.5(aa). Corrected during the inspection.

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such 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.

Rule 418-1.5(v). Corrected during the inspection.

All containers or bottles of, breast milk, formula or other individualized food items must be clearly marked with the child’s complete name.

Rule 418-1.12(z).

All matches, lighters, medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous or toxic materials must be stored in their original containers. Such 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.

Rule 418-1.5(v). Corrected during the inspection.