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Family Home Day Care Program Regulations
made under Section 15 of the
Day Care Act
R.S.N.S. 1989, c. 120
O.I.C. 2007-241 (April 24, 2007), N.S. Reg. 241/2007
Citation
1 These regulations may be cited as the Family Home Day Care Program Regulations.
Definitions
2 (1) In these regulations,
(a) “Act” means the Day Care Act;
(b) “agency” means a business or organization registered with the Registry of Joint Stock Companies that is licensed to approve and manage family home day care in accordance with its family home day care program approved by the Director under Section 6;
(c) “approved family home day care” means day care that is provided by a care provider in their home and that is managed by an agency;
(d) “care provider” means a person who provides approved family home day care;
(e) “child” means a person who is less than 13 years old;
(f) “family day care home” means a home in which approved family home day care is provided;
(g) “family home consultant” means a person hired by an agency to provide services to care providers;
(h) “infant” means an infant as defined in the Day Care Regulations made under the Act;
(i) “parent” includes a guardian, foster parent or other person having the care and custody of a child;
(j) “school age” means school age as defined in the Day Care Regulations made under the Act;
(k) “toddler” means a toddler as defined in the Day Care Regulations made under the Act.
(2) In the Act and its regulations, “operate” includes manage.
Application of these regulations
3 (1) These regulations apply only to agencies and to persons who provide or wish to provide approved family home day care.
(2) These regulations do not require a person who cares for a maximum of 6 children of any age or a maximum of 8 school-age children to provide approved family home day care.
Application of Day Care Regulations
4 (1) Except as provided in subsection (2), the Day Care Regulations made under the Act apply to an agency and to approved family home day care with the necessary changes in detail.
(2) The following provisions of the Day Care Regulations made under the Act do not apply to an agency or to approved family home day care:
(a) clause 3(b), respecting non-profit facilities;
(b) subsections 4(2) and 5(2), respecting licensing;
(c) clauses 6A(1)(a) and (b), respecting daily records;
(d) Sections 10, 11, 13, 13A, subsection 17A(1) and clause 15(d), respecting building, equipment and space;
(e) subsections 18(2) and 18(3), respecting nutrition;
(f) subsections 19(8) and 19(9), respecting first aid and CPR;
(g) Sections 20, 21, 21A and 22, respecting management and staff;
(h) Section 23A, respecting parent meetings;
(i) subsection 24(3), respecting fire drills;
(j) Section 27, respecting compliance and waivers.
Number of children cared for
5 (1) Except as provided in subsections (2) and (3), a person who provides approved family home day care may care for a maximum of 6 children at a time, including their own children, and must not have any other children in their care, subject to the following restrictions:
(a) no more than 2 of the 6 children may be infants;
(b) no more than 3 of the 6 children may be toddlers or younger than toddlers.
(2) A person who provides approved family home day care for school-age children may care for a maximum of 8 school-age children at a time, including their own children, and must not have any other children in their care.
(3) A person who provides approved family home day care for infants may care for a maximum of 3 infants at a time, including their own infants, and must not have any other children in their care.
Application for agency license
6 (1) An application to be licensed as an agency may be made to the Department of Community Services.
(2) An application for an agency license must be in the form approved by the Director, and must include all of the following information:
(a) the applicant’s name, as approved by the Registry of Joint Stock Companies;
(b) the business number assigned to the applicant by the Canada Revenue Agency;
(c) the applicant’s civic and mailing addresses;
(d) the applicant’s telephone and fax numbers.
(3) An application for an agency license must be accompanied by all of the following:
(a) a proposal for the applicant’s family home day care program, including all of the following:
(i) a description of the proposed program and services to be provided including the child development philosophy on which the program will be based,
(ii) the business case for the program, including a community needs assessment,
(iii) a 1-year estimated operating budget of expected revenues and expenditures that demonstrates the applicant’s financial viability,
(iv) a description of the duties and responsibilities of the applicant and all staff associated with the program, including family home consultants and care providers,
(v) a plan for professional development of all staff associated with the program, including family home consultants and care providers,
(vi) a description of the process to be used for approving family home day care under Section 14,
(vii) a sample of the service agreement to be used between the applicant and a care provider,
(viii) a description of the annual assessment process for monitoring care providers and family day care homes under its management,
(ix) a statement describing how each child’s records will be maintained,
(x) a description of the proposed agency site for delivering the program;
(b) a copy of each of the following:
(i) the applicant’s personnel and management policy,
(ii) the applicant’s parent handbook,
(iii) the applicant’s behaviour guidance policy,
(iv) the applicant’s care provider handbook;
(c) a list of all staff and all members of any board who are associated with the family home day care program that includes all of the following information:
(i) names,
(ii) mailing addresses,
(iii) position titles,
(iv) information relating to any required professional qualifications;
(d) proof that the proposed agency site complies with the regulations, orders and directions of the appropriate authority respecting fire, safety, health and sanitary requirements and any municipal by-laws;
(e) the results of all required criminal record and child abuse register checks;
(f) proof of commercial general liability insurance, or a statement satisfactory to the Director from an insurer of an intention to provide the insurance;
(g) any information required by the Director relating to the application.
(4) The Director may waive the requirement for an applicant to submit any item listed in subsection (3) that the applicant has previously submitted if that item has not changed since it was provided.
(5) An application, including all of the items listed in subsection (3), must be approved by the Director.
Agency license renewal
7 (1) An application to renew an agency license must be in the form required by the Director and must include all of the items listed in clauses 6(3)(c) to (g).
(2) The Director may waive the requirement for an agency to submit any item listed in clauses 6(3)(c) to (g) that the agency has previously submitted if that item has not changed since it was provided.
(3) A renewal application, including all of the items listed in clauses 6(3)(c) to (g), must be approved by the Director.
Requirements for agency
8 An agency must do all of the following:
(a) enter into, and comply with, a service agreement with the Minister that includes the roles and responsibilities of the agency in relation to the approved family home day care that it manages;
(b) approve, manage and monitor the care providers and family day care homes under its management in accordance with all of the following:
(i) the Act and its regulations,
(ii) the service agreement between the agency and the Minister,
(iii) the service agreements signed by each care provider with the agency,
(iv) any Provincial standards or guidelines required by the Director;
(c) operate in accordance with the agency’s family home day care program, personnel and management policy, parent handbook, behaviour guidance policy and care provider handbook, as approved by the Director.
Form of agency license
9 An agency license must be in the form set out in Appendix A.
Services provided by agency
10 (1) An agency must do all of the following:
(a) recruit and approve care providers and family day care homes to establish and operate approved family home day care;
(b) hire a family home consultant;
(c) monitor care providers and family day care homes under its management to ensure that they comply with all of the following:
(i) the Act and its regulations,
(ii) the service agreements signed by each care provider with the agency,
(iii) any Provincial standards or guidelines required by the Director;
(d) provide support to care providers and family day care homes under its management, including doing all of the following:
(i) assisting parents and care providers in matching requirements with services,
(ii) providing administrative support and record-keeping,
(iii) organizing parent advisory committee meetings,
(iv) providing a lending library,
(v) providing regular play groups,
(vi) coordinating the delivery of professional development courses for agency staff associated with the family home day care program and care providers,
(vii) providing or organizing transportation for care providers and children enrolled in its family home day care program to attend agency functions;
(e) ensure that care providers and family day care homes meet and continue to meet the requirements for approval in subsection 14(1);
(f) ensure that agency staff who provide care to children under its family home day care program have current first aid and infant CPR training from a recognized program approved by the Director;
(g) annually assess care providers and family day care homes under its management.
(2) An agency may hire a person to coordinate the delivery of the agency’s family home day care program.
Family home consultants
11 (1) A family home consultant must have all of the following qualifications:
(a) a 2-year diploma in early childhood education from a recognized training program approved by the Director;
(b) at least 2 years’ experience working in an early learning and childcare program;
(c) current first aid and infant CPR training from a recognized program approved by the Director.
(2) A family home consultant must provide all of the following services for the agency they work for:
(a) recommending approval of care providers and family day care homes for the agency;
(b) monitoring care providers and family day care homes for the agency;
(c) acting as a resource to the care providers under the agency’s management and provide advice and guidance to them;
(d) visiting each care provider and family day care home managed by the agency at least once every 30 days to provide the support listed in clause 10(1)(d).
Agency must complete criminal record and child abuse register checks
12 (1) An agency must complete a criminal record check satisfactory to the Director for all of the following:
(a) a care provider;
(b) any person who is 18 years old or older who lives in a family day care home they manage;
(c) any person who is 18 years old or older who has, or will have, contact with children or the records of children, either at the site of the agency or in a family day care home managed by the agency.
(2) An agency must complete a child abuse register check satisfactory to the Director for all of the following:
(a) a care provider;
(b) any person who is 13 years old or older and lives in a family day care home managed by the agency;
(c) any person who is 13 years old or older who has, or will have, contact with children or the records of children, either at the site of the agency or in a family day care home managed by the agency.
(3) An agency must ensure that information required under subsections (1) and (2) is current and kept on file at the agency.
Director to inspect agencies annually
13 At least once a year, the Director must inspect an agency together with any number of the care providers and family day care homes managed by the agency that the Director considers appropriate.
Approval of family home day care by agency
14 (1) An agency may approve a person to provide approved family home day care and the person’s home as a family day care home if the agency is satisfied that all of the following requirements are met:
(a) all persons who are required to pass a criminal record check under subsection 12(1) once the person and home are approved have passed a criminal record check satisfactory to the Director;
(b) all persons required to pass a child abuse register check under subsection 12(2) once the person and home are approved have passed a child abuse register check satisfactory to the Director;
(c) the person has adequate commercial general liability insurance or its equivalent;
(d) the person has personal qualities that promote positive healthy development in children;
(e) the person will provide a program that is developmentally appropriate to the children in their care;
(f) the person and the family day care home meet and will continue to meet the requirements of all of the following:
(i) the Act and its regulations,
(ii) the service agreement to be made between the person and the agency,
(iii) any Provincial standards or guidelines required by the Director;
(g) the person has signed a service agreement with the agency.
(2) When an agency approves a person and a person’s home to provide approved family home day care, the agency must submit any information required by the Director to the Director.
Revocation of approval
15 An agency may revoke an approval of a care provider and family day care home if the care provider or family day care home does not meet or continue to meet any requirement of subsection 14(1).
Care providers
16 A care provider must be 18 years old or older and meet all of the following qualifications and conditions:
(a) they must have current first aid and infant CPR training from a recognized program approved by the Director;
(b) they must complete recognized family home day care training approved by the Director no later than 1 year after the date their family home day care is approved;
(c) they must complete annual professional development workshops, as specified by the Director;
(d) they must ensure that the records of each child for whom they provide approved family home day care remain confidential, and are complete and organized;
(e) they must permit an agency family home consultant to visit the family day care home at least once every 30 days to provide the support listed in clause 10(1)(d);
(f) they must co-operate with the agency during the annual assessment process.
Family day care homes
17 (1) A family home day care must not be located above the 2nd floor of a building.
(2) A family day care home must have an outdoor play area that is either
(a) its own outdoor play area, enclosed by a fence at least 1.5 m high; or
(b) an outdoor play area to which they have access, that the agency that manages the home has determined is safe and appropriate.
(3) For each infant that they provide care for, a care provider must provide a crib or portable crib that meets the standards of the Cribs and Cradles Regulations made under the Hazardous Products Act (Canada).
Notice to parents of significant changes affecting approved family home day care
18 (1) As soon as is practicable, an agency must notify the parents of each child enrolled in its family home day care program if any of the following occurs:
(a) the approval of a care provider or a family day care home they manage is or will be revoked;
(b) a family day care home or agency is closed or sold;
(c) conditions are imposed upon the agency’s license or any written information about the agency’s license or program has been given to the agency by the Director;
(d) the police or an agency established under the Children and Family Services Act are investigating a matter involving a child enrolled in its approved family home day care program and a care provider or other person associated with the family home day care, unless the police or the agency established under the Children and Family Services Act directs otherwise.
(2) Notice of a closure or sale under clause (1)(b) must be given at least 2 weeks before the date of the closure or sale.
(3) A notice given under this Section must be in writing and must be
(a) sent by registered mail to the last known address of a person who is required to be notified;
(b) posted in a conspicuous location in the family day care home; and
(c) copied to the Director.
Parent advisory committee
19 No later than 3 months after the date an agency approves the first family home day care under its management, it must establish a parent advisory committee to provide a forum for parents to have input into, and receive notice of, any matters of interest or concern to the parents.
Membership of parent advisory committee
20 (1) An agency’s parent advisory committee must be composed of at least 4 members, as follows:
(a) at least 2 parents of children currently enrolled in the agency’s family home day care program;
(b) at least 1 care provider;
(c) 1 non-voting representative of the agency, who must attend each meeting of the committee.
(2) The majority of the voting members of an agency’s parent advisory committee must be parents of children currently enrolled in the agency’s family home day care program.
(3) An agency’s parent advisory committee must be open to all parents of children enrolled in the agency’s family home day care program.
(4) An agency must give the Director all of the following information for each member of the agency’s parent advisory committee:
(a) name;
(b) mailing address;
(c) e-mail address, if any;
(d) telephone number.
(5) An agency must notify the Director annually of any changes in the composition of its parent advisory committee or any changes in the information required by subsection (4).
Director must provide information about agency to committee
21 The Director must give a copy of any notice or written information about the status of the agency’s license to each member of the agency’s parent advisory committee at the same time that the Director gives it to the agency.
Parent advisory committee meetings
22 (1) A parent advisory committee must meet at least twice a year.
(2) At least 2 weeks before the date of an agency’s parent advisory committee meeting, written notice of the meeting must be
(a) given to the parents of all children enrolled in the agency’s family home day care program; and
(b) posted in a conspicuous location in each family day care home the agency manages.
(3) A notice of a parent advisory committee meeting must inform the parents that they may place items on the meeting’s agenda.
(4) An agency must ensure that the agency’s parent advisory committee has an opportunity to discuss any matters of interest or concern to the parents, including all of the following:
(a) the safety, care and well-being of the children;
(b) the agency’s license;
(c) the services provided;
(d) the equipment and materials available for the children;
(e) staffing patterns and staff qualifications.
Parent advisory committee minutes
23 (1) No later than 2 weeks after the date of an agency’s parent advisory committee meeting, the agency must
(a) produce minutes of the meeting; and
(b) post a copy of the minutes in a conspicuous location in each family day care home the agency manages.
(2) A copy of the minutes from an agency’s parent advisory committee meeting must
(a) remain posted in accordance with clause (1)(b) until the minutes of the next meeting are posted; and
(b) be kept on file by the agency for inspection by the Director, as required.
Parent advisory committee for agency licensed under Day Care Regulations
24 An agency that is also a facility licensed under the Act and the Day Care Regulations is exempt from Section 23A of the Day Care Regulations and the parent advisory committee established under these regulations must serve as the parent advisory committee for parents of children enrolled in the licensed facility or in the agency’s family home day care program.
Funding, subsidies and grants for agencies
25 (1) The Minister may make payments to an agency through grants for capital and operating costs in such amount as the Minister determines.
(2) The Minister may make payments to subsidize enrollment in approved family home day care, as the Minister determines.
Appendix “A” - License for Family Home Day Care Agency
 License for Family Home Day Care Agency |
|
Province of Nova Scotia Community Services License for Family Home Day Care Agency |
Under the Day Care Act, the Day Care Regulations and the Family Home Day Care Program Regulations and subject to the limitations thereof, this license is granted to (insert name of agency) ___________________ to operate a family home day care program, under the name of (insert Registry of Joint Stock Companies name) __________________, at (insert civic address of agency) _______________________, Nova Scotia. The following conditions apply to this license: (insert ‘Nil’ or list conditions) |
_______________________ Minister of Community Services |
Valid from (day/month/year) _______________ to (day/month/year) _________________ |