ACCA COMMENTS ON THE DRAFT LICENSING REGULATIONS

Overall, the membership of ACCA wants to commend DHS for the draft revision to the child care regulations.   In the interest of time, I will not list all the positive clarifications, simplifications, unnecessary regulatory eliminations, and improvements for the health and safety of children. etc.  Please know that this major effort by DHS staff over the past many months is appreciated.  

Once the regulations are finalized, child care facilities would appreciate and benefit from a complete, readable version, with the statutes included.  Building on the meeting notes and the summary that noted items that changed you provided, a crosswalk that describes in more detail the change, and summarizes areas in which there are several changes (e.g. both the definitions and regulations) would be helpful. These items will help facilities remain in compliance with the changes and be aware items that were eliminated.  

Below is a list of items that still require further clarification, or change, or should not be included in the regulations and comments.  

P 30   ACCA supports and acknowledges the importance of the clarification of current law and practice contained in the clarified definition of “compensation”.  This will eliminate future confusion and continue important health and safety protections for children.

P  9  # 59  There are questions about the meaning of “immediate”  particularly as related to “without restriction” in several sections of the regulations ( e.g. p 34, p 37, etc.).  There have been issues with locked entrances, new surveyors who did not yet have their key code, a reasonable amount of time it might take to reasonable get from a desk to a door, etc that should be allowed and clarified.

P 10   # 61 Infestation – we suggest use of the phrase “presence of  lice, pinworms, or other parasites” in the appropriate section(s) and deletion of the word in definition.

P 26  We note that the elimination of the requirement for on site inspections is a significant new efficiency.

P 30  The late filing fee amounts  need to be reexamined. 

P 37 The dated attendance record could use the defined word “documentation”

P 39 Wanting to verify that the addition of “emergency” did not add another drill.

P 45-46 The elimination of the roster and its inherent problems is good.  After finalized, we request the department to develop a model or list of considerations that would be considered as acceptable documentation policies and procedures.

P 46 There are questions about why a licensee would be required to report to DHS suspected or alleged about or neglect that does not involve the center staff or facility, since it has already been reported to authorities.

P 47 and p. 81 There may be a way to further clarify the DHS and Counties’ roles in terms of inspections.

P 50 the term “business management” may interpreted too narrowly; it should include administration of early childhood services (e.g supervision).  Consider making it consistent with p 55 c.

P 52 Should make it clear if there is no previous employer  (ARS 36-883)

P 53 “Development expectation”  Concern when staff are needed to work in another facility and whether they would be required to know each child’s detailed  expectations or those important for health and safety. 

P 55 2.b. Typo? One too many “ more”

P 57 Confusion about C.1. b. use of term  “additional” staff member  

P 60 13 b. In addition to “original purpose” add “or safely for another purpose”

P 67 question – If a child falls asleep in a swing, staff should be required to remove the child in a reasonable amount of time. 

P 72  Questions about whether  3 minutes is sufficient time and whether 5 minutes would be better.

Wanting to verify that the nutrition standards requirements do not conflict with CACFP ( ie two different standards that could not be complied with)

P 81  #19 a. i. Want to ensure that there is no requirement for a “commercial” dishwasher.

P 86 Notification within 30 minutes is too short for a minor accident

P 93 B 5 Clarify that an placement in front of an “operating” air bag (some may be made inoperable. 

P 103 ACCA opposes the inclusion of the bicycle helmet requirement. We have no information about the frequency or severity incidents of head injuries in child care facilities, and are concerned about spread of lice, pinworms, or other parasites, and the cost.