The State Advisory Committee on the
Regulation of Child Care Facilities
Tuesday, January 24, 2017
Department of Social Services – State Office
Room 631
1535 Confederate Avenue, Columbia, SC 29201
Members Present: Tricia Sheldon
Edward Brashier
Vicki Hoover
Bonnye Hughes
Brandy O’Neill
Roger Pryor
Kerrie Schnake
Robin Spires
Reginald Williams (via conference call)
Members Absent: Tammy Compton, Shadie Hall, and
Patricia (Scarry) Anderson
Staff to Committee: Cynthia Lara, Kelsey Gilmore-Futeral, Bob Howard, Charlene Caldwell, Susan Tanner
Guests: Sherrie Dueno, SC Child Care Resource & Referral
Sandy Frye, Spring Valley Presbyterian Church Preschool
Sherry King, University of South Carolina
Heather Googe, Ph.D., SC Child Care Inclusion
Collaborative
Lydia Rice, SC Child Care Resource & Referral
Tricia Sheldon, Chair, called the meeting to order at 10:06 a.m.
A motion was made and seconded to hold off on adopting the minutes from
the November 29, 2016, meeting so that they could be amended to include the
submission and publication dates for the revised regulations to the Private and
Public Child Care Centers.
The motion was approved unanimously.
A motion was made and seconded to approve the agenda for today’s meeting.
The motion was approved unanimously.
The committee members and guests introduced themselves.
Old Business: Tricia Sheldon discussed some of the issues that arose from the Administrative Law Court hearing, which included:
• The requirement for an eight-member quorum when a motion is voted upon, rather than a majority of present members; and,
• The need for a town hall meeting to allow providers to discuss their concerns on proposed regulations.
A motion was made and seconded that the committee review the child care provider concerns during a public hearing.
The motion was approved unanimously.
114-501 Definitions. (page 2)
A motion was made and seconded that the definition of a child be changed to reflect the maximum age of 12, rather than 15:
The motion was approved unanimously to revise the regulation as follows:
8. Child. An individual, from birth through 12 years of age (chronologically), receiving care in a child care center; or up to 18 years of age if the child qualifies as special needs.
A motion was made and seconded that the definition of an emergency person be changed to reflect the maximum number of hours an emergency person can work annually, rather than the maximum number of 5 days per year.
The motion was approved unanimously to revise the regulation as follows:
15. Emergency Person. An individual 18 years of age or older, not regularly employed by the child care center who is immediately available to serve as staff in emergency situations. This person shall meet all requirements of an employed teacher/caregiver (including experience), with the exception of training. This person may not work as an emergency person for more than 80 hours in a calendar year.
114-502 Procedures.
C. Inspection and consultation (page 2)
A motion was made and seconded to clarify, as stated in the law, that the number of times SCDSS staff could visit and inspect a child care center without a specific reason be once per year.
The motion was approved unanimously to revise the regulation as follows:
1. Department staff may visit and inspect a child care center once per year for annual inspection at any time during the hours of operation without prior notice to verify regulatory compliance.
114-503 Management, Administration, and Staffing.
D. Reporting of incidents (page 8)
A motion was made and seconded to clarify that when incidents are self-reported to the Department, the agency may or may not choose to investigate the incident, depending on the seriousness of the incident.
The motion was approved unanimously to revise the regulation as follows:
2. The following incidents shall be reported to the Department immediately and may be investigated by the Department.
114-503 Management, Administration, and Staffing.
D. Reporting of incidents (page 8)
2. The following incidents shall be reported to the Department immediately and may be investigated by the Department. (page 8)
A motion was made and seconded to add verbiage describing the types of accidents or injuries which must be reported immediately and which may be investigated by the Department.
The motion was approved unanimously to add the following regulation:
c. Accidents or injuries involving any child occurring at the center requiring emergency professional medical treatment.
114-503 Management, Administration, and Staffing.
H. Staff records shall include the following: (page 11)
A motion was made and seconded to reflect that staff records should include criminal history background records check forms for substitutes, rather than volunteers.
The motion was approved unanimously to revise the regulation as follows:
4. Criminal history background records check forms for the director, staff, emergency person(s), and substitute(s);
114-503 Management, Administration, and Staffing
K. Staffing
5. Professional development (page 15)
A motion was made and seconded that training hours not exceed fifteen annual clock hours for child care staff, that Technical Assistance be added as a training hour category, and that training must be in a minimum of three of the following categories: Child Growth and Development, Curriculum Activities for Children, Guidance, Health, Safety, Nutrition, Physical Activity, Special Needs, Professional Development, or Certified Technical Assistance.
The motion was approved unanimously to revise the regulation as follows:
c. All staff, with the exception of emergency person(s), and volunteer(s), providing direct care to the children shall participate in at least fifteen clock hours annually. The hours shall come from a minimum of three of the following areas: Child Growth and Development, Curriculum, Guidance, Health, Safety, Nutrition, Physical Activity, Special Needs, Professional Development, certified Technical Assistance or other areas approved by the Department, and must include blood-borne pathogens training as required by OSHA. CPR and first aid training do not count in the fifteen hours.
Cynthia Lara will check to see if CPR training can be offered for free to all providers, not just ABC providers.
114-503 Management, Administration, and Staffing.
K. Staffing
5. Professional development (page 15)
A motion was made and seconded to specify that a CPR-trained staff person needs to be present in each infant and toddler classroom rather than present in the center at all times, with all age groups when children are on outings or field trips, and immediately available, rather than present, when any child is eating.
The motion was approved unanimously to revise the regulation as follows:
h. At least one person who is certified in pediatric first aid, including rescue breathing, CPR, and management of a blocked airway shall be present in each infant and toddler classroom at all times when children are in care, and with all age groups during group outings or field trips. A group of children cannot be left in the care of an adult who does not have appropriate training. A certified CPR/first aid caregiver must always be present and immediately available when any child is eating. Training shall be provided by an individual who is certified as a trainer by a recognized health care organization.
114-505 Health, Sanitation and Safety.
G. Staff health (page 20)
1. The director shall maintain the following records in the center for herself/himself, staff, and emergency person(s):
A motion was made and approved to change the length of time that a current health assessment, showing that an employee is free from tuberculosis, can be transferred from one center to another from 90 days to one year.
The motion was approved unanimously to revise the regulation as follows:
d. For transferring employees, a current health assessment and negative TB test can transfer with the employee if there is not a break in service for up to one year.
114-505 Health, Sanitation and Safety
G. Staff health (page 20)
1. The director shall maintain the following records in the center for herself/himself, staff, and emergency person(s):
A motion was made and approved to change the length of time that written evidence certifying that a new employee is free from tuberculosis can be accepted prior to employment.
The motion was approved unanimously to revise the regulation as follows:
c. New employees must provide written evidence from a physician or health resource attesting that they are free from communicable tuberculosis prior to employment and pursuant to state statute or the South Carolina Department of Health and Environmental Control regulations or policy.
114-503 Health, Sanitation and Safety.
G. Staff health (page 20)
1. The director shall maintain the following records in the center for herself/himself, staff, and emergency person(s):
After further discussion, a motion was made and seconded to change the one-year time period to be consistent with 114-503 G (1) c, which requires that the length of time that a health assessment can transfer correlates to DHEC policy.
The motion was approved unanimously to revise the regulation as follows:
d. For transferring employees, a current health assessment and written evidence that the employee is free from communicable tuberculosis can transfer with the employee pursuant to state statute or the South Carolina Department of Health and Environmental Control regulations or policy.
114-507 Physical Site.
A. Indoor space and conditions
5. Environmental hazards (page 24)
A motion was made and seconded to remove the word ‘not’ that misconstrued the meaning of regulation regarding the presence of children during construction or remodeling of a facility.
The motion was approved unanimously to revise the regulation as follows:
f. Children shall not be present in the area during construction or remodeling and not in the immediate area during cleaning or in such a manner as to create a condition that might result in an accident or cause harm to the health or safety of the children.
114-507 Physical Site.
A. Indoor space and conditions
12. Bathrooms (page 27)
A motion was made and seconded to remove the verbiage ‘hot and cold’ when describing the type of running water that children will use to wash their hands while in a bathroom.
The motion was approved by a vote of five to three to revise the regulation as follows:
d. There shall be at least one sink with running water under pressure for every 20 children over two years of age. Sinks shall be located in or near each toilet area. It is recommended that water be a minimum of 60 degrees Fahrenheit.
114-503 Management, Administration and Staffing.
K. Staffing
4. Caregivers/Teachers (page 14)
A motion was made and seconded to amend the verbiage for the minimum age of a teacher/caregiver who has received their GED or high school diploma.
The motion was approved unanimously to revise the regulation as follows:
b. Exception: A teacher/caregiver may be 17 years of age if he/she has received his/her GED or high school diploma and is continuously supervised by a qualified teacher/caregiver who is in the room at all times.
114-501 Definitions. (page 2)
A motion was made and seconded to change the language regarding the perception of an impairment as described in the Americans with Disability Act of 1990.
The motion was approved unanimously to revise the regulation as follows:
10. Child with a disability as defined in the Americans with Disability Act of 1990: A child with a disability is a child with a physical or mental impairment that substantially limits one or more major life activity, a history or record of such an impairment, or a perception by others as such an impairment. Also referred to as a child with special needs.
Tricia Sheldon notified the committee that she had researched the amount of time a meeting needed to be posted before it was held, and per the Boards and Regulations from the State House, a 30-day notice was not mandatory, but rather only a 24-hour notification.
A motion was made and seconded to schedule a town hall meeting before the committee proceeds with resubmitting the proposed changes to DSS.
The motion was approved unanimously to schedule a town hall meeting.
New Business: There was no new business.
The committee adjourned at 12:53 pm
8