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(a) Activities. A program's activities shall be varied in order to promote the physical, intellectual, and emotional well-being of the children. Corporal punishment and humiliating or frightening methods of control shall be prohibited. Food, rest or isolation shall not be used as a means of punishment. Punitive methods of toilet training are prohibited.
(b) Schedules. A written daily schedule of program activities and routines which offer reasonable regularity, including snack and meal periods, nap and rest periods, indoor and outdoor activities, and activities which provide children with opportunities for learning and self-expression in small and large groups is required. When night care is provided, this schedule shall include routine personal hygiene, including changing into night clothes, brushing teeth, and washing before bed in the manner to be agreed between the parent and the operator.
(c) Child behavior management. A written policy regarding management of the behavior of children, consistent with the requirements of this Article, shall be distributed to every staff member, posted in a prominent location within the facility and made available to parents upon request. Permittees shall act consistently with such policy.
(d) Parents.
(1) Unrestricted access. Parents shall have unrestricted access to their children at all times, unless an Order of Protection prevents access.
(2) Enrollment and orientation. At the time children are enrolled in a program, parents must be provided with information that acquaints parents with the policies and procedures of the program for supervision, attendance, admission, discharge, emergency and illness management as specified in the written safety plan and the requirements of this Code, and a copy of the Department brochure, "How to Get Information about Child Care Programs in New York City," or successor publication.
(3) Video surveillance. The parents of all children receiving care or supervision in a facility equipped with video surveillance cameras installed for the purpose of allowing parents to view their children in the facility by means of the internet shall be informed in writing that cameras will be used for this purpose. All staff of the program also shall be informed in writing if video surveillance cameras will be used for this purpose. The program shall make available copies of such notices to the Department upon request.
(A) All parents of children enrolled in the program and all staff of the program shall be made aware of the locations of all video surveillance cameras used at the facility.
(B) Programs opting to install and use video surveillance equipment shall comply with all law applicable to the use of such equipment.
(C) Video surveillance cameras may not be used as a substitute for competent direct supervision of children.
(D) Programs opting to allow parents to view their children in the child care setting by means of the internet shall use and maintain adequate internet security measures at all times. Such measures include but are not limited to: passwords that are frequently changed that enable parents to access the internet site for viewing children; filtering measures that prohibit public access to or viewing of child care or supervision activities via the internet; and immediate corrective action in response to any report of abuse of the system or inappropriate access. Such programs shall also advise the parents having access to views of the program through the internet of the importance of security in regard to such viewing and of the importance of the privacy rights of other children who may be viewed.
(E) Video surveillance cameras shall be used only to transmit images of children in common rooms, hallways and play areas. Bathrooms and changing areas shall remain private and free of all video surveillance equipment.
(F) Programs that use video surveillance equipment shall allow inspectors and other representatives of the Department to have access to such equipment and to have viewing privileges as required by the Department.
(e) Children shall be comforted when distressed.
(f) Safe sleep environment for infants.
(1) An infant/toddler child care program or family shelter-based drop-off child supervision program providing services to infants or toddlers must provide a safe sleep environment for each infant, consisting of a single crib or bassinet per child that is approved by the US Consumer Product Safety Commission, and that complies with standards of the American Society for Testing and Materials (ASTM) International for infant sleep equipment; and a firm crib mattress specifically designed for the equipment used, covered by a tight fitting sheet flush with the sides of the crib/bassinet. The crib or bassinet must be free of bumper pads, pillows or sleep positioning devices not medically prescribed, loose bedding, blankets, toys and other possible suffocation risks. No child care facility subject to this Article may use or have on the premises any crib bumper pad unless a medical professional has determined that use of a crib bumper pad is medically necessary for a particular child using a crib in such child care facility.
(2) Positioning. Infants must be placed in a supine position unless written medical instructions directing otherwise are provided by the infant's primary health care provider. The program must maintain written medical instructions and make the instructions available for inspection by the Department. Infants capable of turning over by themselves in any direction may remain in the position the infant attains.
(3) Prohibitions. Infants must not be allowed to sleep or nap in a car safety seat except during transportation. Infants must not be allowed to sleep on bean bag chairs, futons, bouncy seats, infant swing or highchairs, playpens or other furniture/equipment not designed and approved for infant sleep purposes and meeting safe sleep environment criteria. Infants found sleeping in other than a safe sleep environment must be moved to a safe sleep environment upon discovery. Only one infant may occupy a single crib or bassinet at any given time.
(4) Bedding. Bedding must be changed prior to placing an infant in a crib or bassinet previously occupied by another infant.
(5) Choking, tangling hazards. Bibs, necklaces, and garments with ties or hoods must be removed prior to placing an infant in a crib or bassinet.
(g) Each child in full time child care shall have a quiet, relaxed period of approximately one hour a day. Shorter, comparable periods of quiet and relaxation shall be provided for each child who spends less time in a program.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018; amended City Record 12/26/2019, eff. 1/25/2020)
(a) Information required. A night child care program shall include in each child's record the arrangements provided for care when the child is not in night child care as well as information regarding family bedtime routines and other information which would assist staff in providing a smooth transition for the child.
(b) Time in night child care program limited. No child shall spend more than 12 hours in a night child care program in any 24 hour period.
(c) Services. A night child care program shall have services that incorporate the following elements:
(1) When possible, children shall be left for care before and picked up after their normal sleeping period so that there are minimal disturbances of the child during sleep.
(2) The program shall facilitate a relaxed atmosphere characterized by informal quiet activities.
(3) Scheduling shall reflect the need for regularity in meeting basic needs such as relaxation, meals, self-care/hygiene and sleep.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Physical activity. Each program shall provide age and developmentally appropriate physical activity.
(1) Children ages 12 months or older attending a full-day program shall be scheduled to participate in at least 60 minutes of physical activity per day. Children attending less than a full day program shall be scheduled to participate in a proportionate amount of such activities. For children ages three and older, at least 30 of the 60 minutes shall be structured and guided physical activity. The remainder of the physical activity may be concurrent with other active play, learning and movement activities.
(2) Structured and guided physical activity shall be facilitated by teachers and/or caregivers and shall promote basic movement, creative movement, motor skills development, and general coordination.
(3) Permittees shall document structured and guided physical activities. Such documentation shall be kept on site and made available to the Department upon request. This documentation shall be included in the program daily schedule and program lesson/activity plans.
(4) Children shall not be allowed to remain sedentary or to sit passively for more than 30 minutes continuously, except during scheduled rest or naptime.
(b) Play equipment. In the indoor and outdoor play areas, the permittee shall make available sufficient equipment, appropriate to the stage of development of the children, and designed to foster physical and motor development, and that shall enable all children to engage in structured and guided physical activities.
(c) Outdoor play.
(1) Adequate periods of outdoor play shall be provided daily for all children, except during inclement weather.
(2) During outdoor play, children shall be dressed appropriately for weather and temperature. In inclement weather, active play shall be encouraged and supported in safe indoor play areas.
(d) Television viewing.
(1) Television, video and other visual recordings shall not be used with children under two years of age.
(2) For children ages two and older, viewing of television, videos, and other visual recordings shall be limited to no more than 30 minutes per week of educational programming or programming that actively engages child movement.
(3) Children attending less than a full-day program shall be limited to a proportionate amount of such viewing.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) The permittee shall maintain an updated copy of this Code and make it available to all staff.
(b) The permittee shall post the following at the front door of its public entrance where staff, parents and others may review them:
(1) The current permit securely encased in a weather-resistant glass or plastic protective frame;
(2) A sign provided or approved by the Department stating that the Department's most recent summary inspection report for the program may be obtained from the Department's website, or by calling 311, and that complaints about the program may be made to, and more information about requirements for operation of programs may be obtained by calling 311; and
(3) The valid relevant performance summary card posted in accordance with 24 RCNY Chapter 3.
(Amended City Record 9/20/2016, eff. 10/20/2016; amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
(a) Modification of provisions. When the strict application of any provision of this article presents practical difficulties, or unusual or unreasonable hardships, the Commissioner in a specific instance may modify the application of such provision consistent with the general purpose and intent of this Code and upon such conditions as in his/her opinion are necessary to protect the health of the children. Unless a shorter duration is specified by the Department, all modifications shall remain in effect for the remainder of the permit period in which they are issued and shall expire at the end of the permit period.
(b) Fee waiver. Upon the submission of proof satisfactory to the Commissioner that an applicant for a permit is a program which is fully funded by the Administration for Children's Services (ACS), the New York City Human Resources Administration, the New York City Department of Homeless Services, or a successor agency, as an ACS Group Child Care Center, Head Start or other child care or supervision program, the permit fee required by 24 RCNY Health Code Article 5 shall be waived. Such waiver shall continue in effect provided the applicant program remains fully funded.
(Amended City Record 9/20/2017, eff. 10/10/2017; amended City Record 6/12/2018, eff. 7/12/2018)
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