New Regs For NYS...Thoughts?

[Leanna]

Recently NYS passed some new regulations. They go into effect May 1, 2014. Here are some of them:

1) We must now have a strategy for sheltering in place; and how the health, safety and emotional needs of children will be met in the event it becomes necessary to shelter-in-place; and a plan for notification of the children's parents.
Each program must hold two shelter-in-place drills annually during which procedures and supplies are reviewed. Parents must be made aware of this drill in advance.
The registrant must maintain on file a record of each shelter-in-place drill conducted, using forms provided by the Office or approved equivalents.


2) It is now required that: The phone used at the family day care must remain in a designated visible location during all hours that children are in care. I am interpreting this as a requirement to have a landline...no cell phone as the only phone available.

3)A new requirement: When care is provided to infants less than six months of age, the daily schedule must include short supervised periods of time during which the awake infant is placed on his or her stomach, back or side allowing them to move freely and interact socially, thus developing motor skills and social skills. Well, duh. Sad that this has to be spelled out for some.

4) Children may not sleep or nap in car seats, baby swings, strollers, infant seats or bouncy seats. Should a child fall asleep in one of these devices, he or she must be moved to a crib/cot or other approved sleeping surface.
I know a lot of you already have this reg...it is a new reg in NY.

5) Sleeping surfaces, including bedding, which is the removable and washable portion of the sleeping environment, must not come in contact with the sleeping surfaces of another child’s rest equipment during storage. Mats and cots must be stored so that the sleeping surfaces do not touch when stacked.

6)If television or other electronic visual media is used, it must be part of a planned developmentally appropriate program with an educational, social, physical or other learning objective that includes identified goals and objectives. Television and other electronic visual media must not be used solely to occupy time.

7) The use of any type of device for social or entertainment purposes, listening to music on headphones, playing screen games, using the Internet, or making personal calls by caregivers while supervising children is prohibited. Use of any devices for brief and necessary communications or purposes directly related to the child care program such as communication with parents or the Office and its representatives is allowable.


8) This is new and follows the section outlawing physical restraint.
Physical intervention is permitted. Physical intervention is the act of using bodily contact as a short- term immediate response to prevent children from incurring substantial or serious injury to themselves or injuring others. It may involve: picking a child up and moving him or her away from danger or conflict, holding the child’s hands or gently touching the body to direct their movement, rocking a child to soothe them, blocking a child’s path when they are about to injure themselves or others or destroy property. This technique allows the child to regain self-control as quickly and safely as possible. A consultation with a child’s parent is required if the child is not receptive to physical intervention.

9) The initial medical statement for providers, assistants, and substitutes 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. Thereafter, tuberculin tests are only required at the discretion of the employee’s health care provider or at the start of new employment in a different child care program. This used to be an annual or biannual requirement.

10) 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 Only the bolded part is new. Sounds like we have the choice to use something other than bleach.

What do you think about these new regs? Are they similar to things already on the books in other states?

[Play Care]

I am furious about 7. I totally understand the fact that some people need it spelled out that they shouldn't be playing Candy Crush during dc hours, but making personal calls? So if my child's school calls, I can't answer? Or make a doctors appointment? Or call the repairman? How do they plan on monitoring this?

I've said before this reg reads more like something a BOSS would hand to their EMPLOYEE. In that case, I want state health insurance and retirement!!!

Oh, and when we were given the regs to review this summer, I didn't see this at all!!!

[Blackcat31]

Sounds to me like the new regs are aligning with what've heard about QRIS (star ratings etc) and the NATION-wide change that IS coming for EVERYONE.

Most of these new rules are ALL great in theory but absolutely ridiculous in practice!

[slorey]

#7 annoys me as well. Too much micro-managing by the state. But, I turned in my registration last week and will no longer be providing registered care after Dec 20th, so I don't have to worry about following these regs if I don't want to. I have only had 1 dck all year and the surprise inspections were stressing me out (not that I was doing anything wrong, but who wants a surprise inspection every couple of months)! I am looking for something to do outside the home, as much as I don't want to. But, my DH lost his job a couple of weeks ago and hasn't been able to find anything yet, and we are going to get desperate vey soon for an income!

[nannyde]

Holy holy number 7!!!!!!!!!!!

Wha?

I don't know of any state that has that.

That needs to be challenged all the way up the courts. We are NOT employees.

Wha?

[Maria2013]

I'm not in NY but I'm sure changes are coming my way as well ...and although I agree to certain rules and regulations for the safety and well being of the children, I can't help but thinking "ENOUGH ALREADY"

[Play Care]

Originally Posted by slorey

#7 annoys me as well. Too much micro-managing by the state. But, I turned in my registration last week and will no longer be providing registered care after Dec 20th, so I don't have to worry about following these regs if I don't want to. I have only had 1 dck all year and the surprise inspections were stressing me out (not that I was doing anything wrong, but who wants a surprise inspection every couple of months)! I am looking for something to do outside the home, as much as I don't want to. But, my DH lost his job a couple of weeks ago and hasn't been able to find anything yet, and we are going to get desperate vey soon for an income!

I WISH I could be legally unlicensed, but only being able to have two dck's wouldn't do it for us.
The storing of bedding bothers me - I'm an in home. Every week I wash the child's bedding, fold it and store it in my linen closet until Monday...So now I can't do that?

[Leanna]

Here is another change:
The regs used to say: For children unable to nap, time and space must be provided for quiet play. During day and evening care, children must not be forced to rest for long periods of time.
Ok...so children who didn't nap could play quietly on their mats. This was my policy...always has been.Works great for me.

Now the regs say: Children unable to sleep during nap time shall not be confined to a sleeping surface (cot, crib, etc.) but instead must be offered a supervised place for quiet play.
So now we can't have them play on their cot? We have to allow them to be up and about? How is that supposed to work when other kids are sleeping? We are required direct visual supervision so it's not like we can send Johnny into the playroom all by himself.

[Laurel]

Health insurance, retirement and paid sick days!!!

We already have to have a land line.

I hope #4 doesn't mean if you are out walking a baby and they fall asleep in the stroller that you have to wake them up. Not that I would but still.....

Here we have some 'proposed' changes for screen time but nothing mandated so far.

I am just so glad I am close to retirement age. Well at least we don't have that star rating system yet. They have been trying to work on it for YEARS so they don't move very fast here with all their dumber rules....thank goodness!

Laurel

[Maria2013]

Originally Posted by Blackcat31

Most of these new rules are ALL great in theory but absolutely ridiculous in practice!

[Laurel]

Originally Posted by Maria2013

I'm not in NY but I'm sure changes are coming my way as well ...and although I agree to certain rules and regulations for the safety and well being of the children, I can't help but thinking "ENOUGH ALREADY"

[Laurel]

Originally Posted by Leanna

Recently NYS passed some new regulations. They go into effect May 1, 2014. Here are some of them:

1) We must now have a strategy for sheltering in place; and how the health, safety and emotional needs of children will be met in the event it becomes necessary to shelter-in-place; and a plan for notification of the children's parents.
Each program must hold two shelter-in-place drills annually during which procedures and supplies are reviewed. Parents must be made aware of this drill in advance.
The registrant must maintain on file a record of each shelter-in-place drill conducted, using forms provided by the Office or approved equivalents.


2) It is now required that: The phone used at the family day care must remain in a designated visible location during all hours that children are in care. I am interpreting this as a requirement to have a landline...no cell phone as the only phone available.

3)A new requirement: When care is provided to infants less than six months of age, the daily schedule must include short supervised periods of time during which the awake infant is placed on his or her stomach, back or side allowing them to move freely and interact socially, thus developing motor skills and social skills. Well, duh. Sad that this has to be spelled out for some.

4) Children may not sleep or nap in car seats, baby swings, strollers, infant seats or bouncy seats. Should a child fall asleep in one of these devices, he or she must be moved to a crib/cot or other approved sleeping surface.
I know a lot of you already have this reg...it is a new reg in NY.

5) Sleeping surfaces, including bedding, which is the removable and washable portion of the sleeping environment, must not come in contact with the sleeping surfaces of another child’s rest equipment during storage. Mats and cots must be stored so that the sleeping surfaces do not touch when stacked.

6)If television or other electronic visual media is used, it must be part of a planned developmentally appropriate program with an educational, social, physical or other learning objective that includes identified goals and objectives. Television and other electronic visual media must not be used solely to occupy time.

7) The use of any type of device for social or entertainment purposes, listening to music on headphones, playing screen games, using the Internet, or making personal calls by caregivers while supervising children is prohibited. Use of any devices for brief and necessary communications or purposes directly related to the child care program such as communication with parents or the Office and its representatives is allowable.


8) This is new and follows the section outlawing physical restraint.
Physical intervention is permitted. Physical intervention is the act of using bodily contact as a short- term immediate response to prevent children from incurring substantial or serious injury to themselves or injuring others. It may involve: picking a child up and moving him or her away from danger or conflict, holding the child’s hands or gently touching the body to direct their movement, rocking a child to soothe them, blocking a child’s path when they are about to injure themselves or others or destroy property. This technique allows the child to regain self-control as quickly and safely as possible. A consultation with a child’s parent is required if the child is not receptive to physical intervention.

9) The initial medical statement for providers, assistants, and substitutes 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. Thereafter, tuberculin tests are only required at the discretion of the employee’s health care provider or at the start of new employment in a different child care program. This used to be an annual or biannual requirement.

10) 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 Only the bolded part is new. Sounds like we have the choice to use something other than bleach.

What do you think about these new regs? Are they similar to things already on the books in other states?

Do you have a state child care association? You can fight things you don't like as a group. You don't just have to sit down and take these things. A group will need to be organized obviously.

Laurel

[Leanna]

Yes, number 7 is bothersome. The problem is if you go against it, you sound like someone who sits on Facebook all day
SO if I take three minutes to call my sister while the kids are happily playing to confirm that my nephews birthday party is at 3 at the bowling alley I will be given a violation? How are they going to monitor this - the honor system? Hello, yes I'd like to report that I used the telephone??????

The bedding also bothers me. Each child's bedding is laundered weekly and we keep it stacked with their cots...not anymore I guess. Not quite sure how I am going to organize it now

[nannyde]

Does anyone's state have a reg like 7?

Reg 7 is stupid. Just call on your CP and not a landline. I mean unless they're gonna ask you for your phone and monitor your calls (how much time/money would that take?) there's no way to "prove" that you answered a phone call from your kids' school or that you got into your email. lol

Ridiculous.

As far as cots, I assume most store AFTER daycare hours. I'd not do ANYTHING different. Seriously, they are NOT allowed in your home anytime they feel like, it's just during your hours of operation, so IDk how on Earth they'd ever know you stacked the cots. I'd unstack them every morning about 10 mins prior to open time too. Sorry, but some regs are stupid.

Also, I would NEVER EVER move a sleeping baby from a stroller when I'm out or a carseat as I'm driving so how do they plan on "catching" you on that? What am I gonna do, stop my walk or pull over on the road? RIDICULOUS!

Landlines, I do get. It's in our regs that landlines are a 100000% must.

[Margarete]

Number 7:
Use of any devices for brief and necessary communications OR purposes directly related to the child care program.

I would say that some personal calls during business hours/ repair calls and such could be argued to be brief and necessary, and I would think answering the phone for anyone shouldn't be a problem (You don't know it's not a parent, potential client, licensing, other child care related call, or even personal family emergency necessary communication until you answer).... it says 'or' so it doesn't need to be directly related to the child care program.

[Play Care]

Originally Posted by Leanna

Yes, number 7 is bothersome. The problem is if you go against it, you sound like someone who sits on Facebook all day
SO if I take three minutes to call my sister while the kids are happily playing to confirm that my nephews birthday party is at 3 at the bowling alley I will be given a violation? How are they going to monitor this - the honor system? Hello, yes I'd like to report that I used the telephone??????

The bedding also bothers me. Each child's bedding is laundered weekly and we keep it stacked with their cots...not anymore I guess. Not quite sure how I am going to organize it now

Does this include quiet time? Many providers use that time to take online classes. I assume they will be told they can't do that?

[daycarediva]

#7 is crap. Seriously, no more daycare forum at nap and during free play(like now when I am typing but my eyes are on the kids?)


no idea how to store the bedding. Probably in huge zippered bags again. GRRR. I wash my bedding daily, too. So it makes it that much worse.

Annoyed!!!!!!!

[nannyde]

Originally Posted by Play Care

Does this include quiet time? Many providers use that time to take online classes. I assume they will be told they can't do that?

My State reg for supervision is "careful supervision at all times" so I would assume it would mean during any time a child is in care.

This is a slippery slope. I think providers need to fight it. I would first ask for the data and research that shows that children have been harmed and died because of a provider having a screen on for entertainment.

[Margarete]

Originally Posted by nannyde

My State reg for supervision is "careful supervision at all times" so I would assume it would mean during any time a child is in care.

This is a slippery slope. I think providers need to fight it. I would first ask for the data and research that shows that children have been harmed and died because of a provider having a screen on for entertainment.

Seriously it does need to be fought. Any employer/ employee job legally REQUIRES 2 - 15 minute breaks, and another 30-60minute break for lunch. Everyone needs some down time during their work day, and the state shouldn't dictate what you do during yours in your own business.
Does this mean that if you have a large family child care, that you wouldn't be able to give your assistant/ employee the legally required break without having a second assistant come in for an hour a day spread out over 3 sessions, that would be pretty expensive paying for a split time frame like that (I'm not sure how small/ large ratio numbers work in NY)
Obviously our down times are never really 'off' times as we are always on call the moment a child wakes up, or needs us.

[snbauser]

With the exception of #7, all the others are already regulations here.

Cell phones are acceptable. They just cannot be carried around. Have to be in one spot so they can be easily found for emergency use. (This was confirmed in a videoconference training about the new regs.) My registrar told me she didn't agree w/ # 7 and would be unlikely to cite anyone for it. VOICE, the daycare union, was against it. However, every single proposed reg was enacted in spite of many protests against several of them (except for minor re-wording of some). Because they didn't want to have to go back and go through the entire public comment period again, which they'd have to do for any "substantial change" to the proposals.

[nanglgrl]

If you don't like it fight it, it can be won. Get a group of providers together and make a change. We used to be required to have a landline, the code just said it had to be a landline and didn't say that it couldn't be through the internet or cable. Then someone higher up decided it had to be copper based and could not be fiber optic which is not what our regulations stated. There were several problems with this. One main one being that copper landline is not offered in all parts of our state, it also can be incredibly unreliable because it's so old and phone companies aren't repairing it because the customer base just doesn't support the cost. I wrote a change.com petition and linked state lawmakers, union reps and several people at DHS and I asked for help. Nannyde put me in contact with a friend if hers that knew some people who could help. I was only trying to fight against having to have copper based landlines. I was using magic jack (through internet lines) at the time and even though the "landline" was never used it was cheap enough that it wasn't a problem for me. Not even a month later the requirement for copper landlines was dropped and within a few months they dropped the requirement to have a landline completely. Just don't be quiet about it, start a petition, I will sign it as I'm sure a lot of women on this board will. They can't keep telling us what to do and acting like we're self employed.

I should clarify. Having a cell phone only, no landline, is acceptable.
I read the bedding storage to mean after use before washing the bedding can't touch. Clean laundry in a closet touching - why wouldn't that be ok?

[nannyde]

Originally Posted by Unregistered

Cell phones are acceptable. They just cannot be carried around. Have to be in one spot so they can be easily found for emergency use. (This was confirmed in a videoconference training about the new regs.) My registrar told me she didn't agree w/ # 7 and would be unlikely to cite anyone for it. VOICE, the daycare union, was against it. However, every single proposed reg was enacted in spite of many protests against several of them (except for minor re-wording of some). Because they didn't want to have to go back and go through the entire public comment period again, which they'd have to do for any "substantial change" to the proposals.

It has many consequences. Now a parent can file a complaint of negligence based on a provider having a screen on in the home. Simply having the news on for entertainment for the adult will be negligence. Posting a Facebook post will be negligence. Talking with your provider friend on the phone will be negligence.

We are not children. We are self employed business owners. We do not need the government telling us what kinds of entertainment we can enjoy while caring for kids in our own home.

I'm furious about this.

[snbauser]

Originally Posted by Unregistered

I read the bedding storage to mean after use before washing the bedding can't touch. Clean laundry in a closet touching - why wouldn't that be ok?

This is how the rule is here. I use cots. I leave the sheets on the cots during the week and the cots are stacked when not in use. The sheets from one cot do not touch the other cot. Blankets are stored in a bucket in the bottom of their cubby. Before I had cubbies, I stored their blankets in gallon sized ziploc bags.

[Leanna]

Originally Posted by Unregistered

Cell phones are acceptable. They just cannot be carried around. Have to be in one spot so they can be easily found for emergency use. (This was confirmed in a videoconference training about the new regs.) My registrar told me she didn't agree w/ # 7 and would be unlikely to cite anyone for it. VOICE, the daycare union, was against it. However, every single proposed reg was enacted in spite of many protests against several of them (except for minor re-wording of some). Because they didn't want to have to go back and go through the entire public comment period again, which they'd have to do for any "substantial change" to the proposals.

Ok, but if we go for a walk, in the backyard, to the park, to the playroom, I want my cell phone in my pocket - not some designated spot! I have kids with serious medical conditions and I want my phone on me- not my kitchen counter!

Originally Posted by nannyde

It has many consequences. Now a parent can file a complaint of negligence based on a provider having a screen on in the home. Simply having the news on for entertainment for the adult will be negligence. Posting a Facebook post will be negligence. Talking with your provider friend on the phone will be negligence.

We are not children. We are self employed business owners. We do not need the government telling us what kinds of entertainment we can enjoy while caring for kids in our own home.

I'm furious about this.

I have now moved from annoyed at the reg to totally freaked out!

[Michael]

We need smaller government. This is what happens when government thinks it knows better.

[Mister Sir Husband]

Well, my licensor told me that the rule on screen time happened because some providers in centers were busted because they had multiple kids in a room and were on their phones surfing the web instead of interacting with the kids. And as far as my cell phone not being in my pocket, I am using 5 different rooms on 2 floors in my home for daycare. If its on the counter as the new regs suggest, and I forget to grab it before heading downstairs.. Welp the parent calling me about their kid might just have to be ok with getting my voicemail, in which case I will gladly give them the number of the ocfs.

[nannyde]

Originally Posted by Mister Sir Husband

Well, my licensor told me that the rule on screen time happened because some providers in centers were busted because they had multiple kids in a room and were on their phones surfing the web instead of interacting with the kids. And as far as my cell phone not being in my pocket, I am using 5 different rooms on 2 floors in my home for daycare. If its on the counter as the new regs suggest, and I forget to grab it before heading downstairs.. Welp the parent calling me about their kid might just have to be ok with getting my voicemail, in which case I will gladly give them the number of the ocfs.

I've been searching all weekend and I can't see that this has been done for centers. I'm not seeing a center regulation speaking to number seven and I can't see where the center regs have changed. Maybe I'm just not finding it.

[Mister Sir Husband]

Originally Posted by nannyde

I've been searching all weekend and I can't see that this has been done for centers. I'm not seeing a center regulation speaking to number seven and I can't see where the center regs have changed. Maybe I'm just not finding it.

There's always the possibility that I was ... um.. lets say "misinformed"

[Leanna]

Originally Posted by Mister Sir Husband

Well, my licensor told me that the rule on screen time happened because some providers in centers were busted because they had multiple kids in a room and were on their phones surfing the web instead of interacting with the kids. And as far as my cell phone not being in my pocket, I am using 5 different rooms on 2 floors in my home for daycare. If its on the counter as the new regs suggest, and I forget to grab it before heading downstairs.. Welp the parent calling me about their kid might just have to be ok with getting my voicemail, in which case I will gladly give them the number of the ocfs.

Caregivers can be doing lots of other things to "not be interacting" with kids...you could be reading, chatting w/ coworkers, staring at a wall, etc...
So, if that is truly the rationale does this mean I can't wash dishes or toys or anything else that isn't directly interacting/supervising?
Further, to make that a rule in centers is one thing...they are employees...not small business owners in their homes.

Originally Posted by nannyde

I've been searching all weekend and I can't see that this has been done for centers. I'm not seeing a center regulation speaking to number seven and I can't see where the center regs have changed. Maybe I'm just not finding it.

As far as I can tell from the news section on the New York State Office of Children and Family Services website, there are only new regs for Family and Group Family child care. I don't see anything even remotely similar in the regs for centers.

[Maria2013]

Originally Posted by nanglgrl

. They can't keep telling us what to do and acting like we're self employed.

So far these regs are only for family and group, but they are working on changing the regs for centers. They will be similar and there will be a public comment period for those. (Heard this at the videoconference training about the new regs.)
What bothers me almost as much as the regs is that they totally ignored most of the feedback made during the public comment period and just went ahead w/ what they proposed. In spite of numerous complaints about the screen time and phone issues.

[nannyde]

Originally Posted by Leanna

Caregivers can be doing lots of other things to "not be interacting" with kids...you could be reading, chatting w/ coworkers, staring at a wall, etc...
So, if that is truly the rationale does this mean I can't wash dishes or toys or anything else that isn't directly interacting/supervising?
Further, to make that a rule in centers is one thing...they are employees...not small business owners in their homes.



As far as I can tell from the news section on the New York State Office of Children and Family Services website, there are only new regs for Family and Group Family child care. I don't see anything even remotely similar in the regs for centers.

Leanna could you spare the time to talk to me on the phone?

[nannyde]

http://www.voicecsea.org/

Click on number 8 Supervision

http://wpc.7e0e.edgecastcdn.net/007E...08_604_360.mp4

It's at the 53 second mark

Watch Video Training on New Regulations on OCFS Website

OCFS posted a video training that reviews the newly adopted child care regulations on the OCFS website. Major changes to the adopted Family Child Care and Group Family Child Care regulations are discussed in detail. The regulations will go into effect on May 1, 2014. We encourage you to make time to watch the video as soon as you can to prepare for the implementation of the new regulations in the spring.

View the Video Conference

[Leanna]

Originally Posted by nannyde

Leanna could you spare the time to talk to me on the phone?

Sure.

[nannyde]

Originally Posted by Leanna

Sure.

I will pm you

[Bookworm]

Based on the things I see in my center, #7 seems to be more for centers. This not a state regulation but the majority of centers have it in the employee handbook. It doesn't make any sense to include home centers. Have there been a lot of child death/injuries in NYS? It seems like they're making changes in response to too many cases of negligence and/or injuries/deaths.

[originalkat]

Originally Posted by Michael

We need smaller government. This is what happens when government thinks it knows better.

yep

[melskids]

I am in NY.

NannyDe, that haven't gotten to the centers new regs yet, but they are coming up next.

#7 is a bit ridiculous....but everyone gets so worked up over stuff like this. As far as the new regs or any regs for that matter, what they don't catch you doing they cant write you up for.

But you didn't hear me say that. LOL

[melskids]

Originally Posted by Leanna

Here is another change:
The regs used to say: For children unable to nap, time and space must be provided for quiet play. During day and evening care, children must not be forced to rest for long periods of time.
Ok...so children who didn't nap could play quietly on their mats. This was my policy...always has been.Works great for me.

Now the regs say: Children unable to sleep during nap time shall not be confined to a sleeping surface (cot, crib, etc.) but instead must be offered a supervised place for quiet play.
So now we can't have them play on their cot? We have to allow them to be up and about? How is that supposed to work when other kids are sleeping? We are required direct visual supervision so it's not like we can send Johnny into the playroom all by himself.

It's pretty simple. Sure, you may no longer be able to have them sit on their cot to play, but nothing says you cant put the cot away and put down a carpet square and have them sit THERE and play. Problem solved. LOL

[nannyde]

Originally Posted by melskids

I am in NY.

NannyDe, that haven't gotten to the centers new regs yet, but they are coming up next.

#7 is a bit ridiculous....but everyone gets so worked up over stuff like this. As far as the new regs or any regs for that matter, what they don't catch you doing they cant write you up for.

But you didn't hear me say that. LOL

They aren't going to put a reg in they can't inspect. Be careful what you sign when you reup your license. You may sign away the ability for them to use whatever means necessary to view your online records, your phone records, and your internet TV records.

They aren't the only ones to assess your screen use. Any kid that can talk can easily share. Any parent who is on your facebook can tell when you are online. They don't have to view it when you are inspected. I highly doubt they have caught home child care providers playing candy crush during an inspection. They didn't come to this with that problem. They most likely came to it by parent complaints when they were termed or owe a provider money complaining about how the provider has the TV on all day and is on her phone all the time. (that and actually catching center workers on their phones).

This is pretty darn serious. I'm glad I'm not in NYS.

I don't think it will be long before it comes knocking on daycare.com's door.

With each reg comes the assessment of whether or not their was POTENTIAL harm to a child. I can't let kids play in the street and then protest that they didn't get hurt. Simply letting them play in the street is enough to charge me with neglect.

When you have a reg like this you don't have to have something actually HAPPEN to have a violation be founded as neglect. I don't think most folks are getting the gravity of a reg like this. It won't be long until providers are on the Child Abuse Registry for using electronics while kids are present because it is being deemed as unsafe. It is listed as a supervision reg.

[MrsSteinel'sHouse]

Originally Posted by Play Care

I WISH I could be legally unlicensed, but only being able to have two dck's wouldn't do it for us.
The storing of bedding bothers me - I'm an in home. Every week I wash the child's bedding, fold it and store it in my linen closet until Monday...So now I can't do that?

then it is clean. they are saying after nap cot/ mat surfaces can't touch. blankets can be put together "dirty"

[MrsSteinel'sHouse]

I am scared Ohio's new regs will be like this

[nannyde]

Originally Posted by MrsSteinel'sHouse

I am scared Ohio's new regs will be like this

One thing I know is how different states are in regs. I've read all fifty. I don't know if Iowa would do this because Iowa is pretty reasonable. I have a lot of pride in how common sensical the regs are here. They are flat in the middle. I am going to call my inspector and run this by him and see if he would know why it would get to this point.

[daycarediva]

Originally Posted by melskids

I am in NY.

NannyDe, that haven't gotten to the centers new regs yet, but they are coming up next.

#7 is a bit ridiculous....but everyone gets so worked up over stuff like this. As far as the new regs or any regs for that matter, what they don't catch you doing they cant write you up for.

But you didn't hear me say that. LOL

I take two online college courses. I do course work at nap time. I will continue to do so. I AM supervising the children. I am sitting right next to them, so it's better supervision than our other reg of physical checks every 15 minutes with a monitor.

If they force me to sign giving them rights to access anything, that is when I will close. I read and gave my opinion of the proposed regs but I emailed my CSEA rep over the weekend to voice my concerns. It isn't that I spend an excessive amount of time online or on my phone, it's that I do so WHILE maintaining adequate/competent supervision. I don't play games on my phone. Today I called the school to speak to the nurse about my ds. I was on hold, and then she placed me back on hold, for a total of almost 18 minutes. That was during free play as I was sitting on the floor next to my aggressive child to help her/stop any violence before it happened. It isn't rocket science.

The more regs/rules that they make, the more they justify their existence. It all comes down to big government making themselves useful to 'help' people and in the process creating a whole different set of issues.

[Annalee]

Originally Posted by Laurel

Do you have a state child care association? You can fight things you don't like as a group. You don't just have to sit down and take these things. A group will need to be organized obviously.

Laurel

There have been many issues changed due to FCC groups, in particular, bucking the system.. BUT when it comes to issues surrounding the QRIS system, it is an uphill battle.....been battling it for 14 years in our state and it remains state-mandated for our state...

It looks good on paper for lawmakers, but is totally unrealistic when it comes to implementing it into child care programs..... Seeing how hard it is to get persons to listen to us about some of the rules/regs/quis, I feel it is being set in place just like Common Core.....It is here whether we like it or not.....

[Cat Herder]

I have been dealing with these regs PLUS some others (evacuation cribs, linens laundered/toys soaked daily, must have CDA/ECE Degree if keeping more than 2 kids, liquid soap/disposable hand towels/warm running water only) for a few years, now.

Guess everyone else will be going through the 5 stages too.... I took a lot of heat here when discussing "sheltering in place" and "no restraint" care. Stinks you guys have it coming, but glad I am not alone anymore.

I am so grateful I don't have number 7, though. How is that even possible??? I still feel the ultimate goal is to drive home childcare out, entirely over time.

[Annalee]

Originally Posted by Cat Herder

I have been dealing with these regs PLUS some others (evacuation cribs, linens laundered/toys soaked daily, must have CDA/ECE Degree if keeping more than 2 kids, liquid soap/disposable hand towels/warm running water only) for a few years, now.

Guess everyone else will be going through the 5 stages too.... I took a lot of heat here when discussing "sheltering in place" and "no restraint" care. Stinks you guys have it coming, but glad I am not alone anymore.

I am so grateful I don't have number 7, though. How is that even possible???

Here, the QRIS has become a game with some, pushed some into unlicensed (legally and unlegally), etc......In the beginning, I wanted to excel so I went back to school receiving my CDA then my Associate's, but now I am frustrated with it..... The stress of counting science and math materials, making sure my room is divided into quiet play and loud play, making sure my interview questions are answered correctly, hoping the Assessor credits me with what is in my room or what if she overlooks some materials.....

I do believe in QUALITY child care, but am not sure the QRIS is how to obtain it....much of what I offer my children comes from my heart, NOT a college textbook.. Furthering my education in early childhood is beneficial but is not the sole thing I use in my program!

[Leanna]

Originally Posted by Cat Herder

I have been dealing with these regs PLUS some others (evacuation cribs, linens laundered/toys soaked daily, must have CDA/ECE Degree if keeping more than 2 kids, liquid soap/disposable hand towels/warm running water only) for a few years, now.

Guess everyone else will be going through the 5 stages too.... I took a lot of heat here when discussing "sheltering in place" and "no restraint" care. Stinks you guys have it coming, but glad I am not alone anymore.

I am so grateful I don't have number 7, though. How is that even possible??? I still feel the ultimate goal is to drive home childcare out, entirely over time.

Where are you located Cat Herder?

You are home-based and required to have an evacuation crib?

The "no restraint" is not new...but the "sheltering in place" drills are. I asked my health care consultant last week why we needed to have drills because day care itself is a daily shelter in place drill.

The other things you mentioned are already regs here too.

[My3cents]

Originally Posted by Michael

We need smaller government. This is what happens when government thinks it knows better.

[melskids]

Originally Posted by nannyde

They aren't going to put a reg in they can't inspect. Be careful what you sign when you reup your license. You may sign away the ability for them to use whatever means necessary to view your online records, your phone records, and your internet TV records.

They aren't the only ones to assess your screen use. Any kid that can talk can easily share. Any parent who is on your facebook can tell when you are online. They don't have to view it when you are inspected. I highly doubt they have caught home child care providers playing candy crush during an inspection. They didn't come to this with that problem. They most likely came to it by parent complaints when they were termed or owe a provider money complaining about how the provider has the TV on all day and is on her phone all the time. (that and actually catching center workers on their phones).

This is pretty darn serious. I'm glad I'm not in NYS.

I don't think it will be long before it comes knocking on daycare.com's door.

With each reg comes the assessment of whether or not their was POTENTIAL harm to a child. I can't let kids play in the street and then protest that they didn't get hurt. Simply letting them play in the street is enough to charge me with neglect.

When you have a reg like this you don't have to have something actually HAPPEN to have a violation be founded as neglect. I don't think most folks are getting the gravity of a reg like this. It won't be long until providers are on the Child Abuse Registry for using electronics while kids are present because it is being deemed as unsafe. It is listed as a supervision reg.

I totally get what you are saying, I really do. I hear ya loud and clear.

Licensing follows my facebook page (the daycare one) and I know they can easily see when I'm on here even. The truth is, the day they dictate when and where I can answer my phone (especially if it's my sick mother) they can take my license and wipe their tooshy with it. I don't live in fear of them.

There's a chick in town who is illegal and watching 15 -20 kids at a time. She's been turned in multiple times and they cant do anything to stop her because she wont let them in the house. The day they can shut her down is the day they can tell me when and how often I look at Facebook.



And the truth is, they can check time stamps all they want. For all they know my 11 year old can be posting under my name. As a matter of fact, I could be an 11 year old boy posting THIS right now.

[daycarediva]

watching the training videos during nap () Here are my notes-

417.2
updated wording from uniform code to NYS fire and building code
substitutes must now have references, medical and TB

417.3
crib compliance to CPSC rules
house # displayed
updated diagram must be submitted prior to renovations that would affect the child care areas
outdoor play areas can be public areas
additional smoke detector required if napping down hallway/in a room with a door.

417.4
upstairs/occasional use-no napping upstairs. Bathroom use only.
24x24' egress window now may be any size window 5.7sg ft or larger
evacuation diagram visible/posted
secondary egress used in fire drills
primary and secondary emergency relocation must be named

417.5
cell phones allowed in FDC. Designated place only. audible ringtone. assistants/subs have to know how to use it.
evacuation plans-2 emergency relocation places
No large outdoor trampoline use. Indoor exercise trampoline ok.

pets and animals
parents aware
pose no risk
licensed
vaccinated
no disease parasites
proof ^

develop a plan for sheltering in place. 2 drills/year/documented
water and non perishable food on hand

cushioned surfaces under outdoor play equipment (no depth req)

[daycarediva]

417.5 cont

window blinds up and secure

firearms and ammunition stored unloaded/locked in secure container with lock.
May be accessed and used in emergency situation.
parents must be aware if there are firearms in the home.

water safety
fcc public water use- must have dept of health permit or be operated by a govt agency. constructed, staffed, maintained in accordance with chapter 1 subpart 6-1 of the NYS sanitary code.
must have certified lifeguard, must have CPR/first aid cert person on hand
must have written method of implementation/regulation of swimming facilities
written plan of supervision
written plan for lost swimmer
review before going in water

[Blackcat31]

While I understand the limiting and/or barring of technology use for personal reasons, I think it is interesting that even the NAEYC supports positive use of media and electronic devices when it's usage is for supporting and/or enhancing an activity or learning experience.

They support parental communication/contact via media and electronic devices throughout the day.

Electronic usage is also recommended as an excellent way to create observations and/or assessment of the children.


Here is their position statement:

http://www.naeyc.org/content/technol...young-children

[nannyde]

I wonder if they will put this in the Center Regs. At first blush it would seem to help center owners to enforce the house rules of no cell phones BUT you have to consider why they allowed it in the centers who inspectors caught staff on phone during inspections.

Centers had rules when cell phones became common for their employees to own rules were put in place but as the technology advanced and the price decreased the addiction became more of a problem. A lot of centers have allowed them because the owners realized that if they don't allow them the staff will either just get sneaky (making many long trips into the closets and back turned away from windows and cameras) or just quit. I think a tolerance has become the norm because they would rather have a low paid warm body in the room on their phone than no warm body in the room. Staff have been bold about using their phones because they know they are not easily replaced with low paid workers willing to not work with their phone in their face.

I don't think the owners will think this is a blessing if the business is cited because of the employee refuses to stay if the can't have their phone.

[Leanna]

So I had an inspection on Thursday and all went well. As she was wrapping up, my license rep. asked me if I had any additional question for her. I said I did have a few regarding the new regulations. She said, "We have been instructed not to answer any questions regarding the new regulations."

I said well I am worried about violating regulations that I am not even clear about. She said she understood and that they (the licensors and supervisors) have been meeting almost daily to try and figure out exactly what has changed and needs to be enforced. She said I am doing a great job and to keep doing what I am doing in the meantime. While I am happy to hear a positive critique, I am frustrated that such huge changes have been mandated but no one can give any definitive answers about them.

[Annalee]

Originally Posted by Leanna

So I had an inspection on Thursday and all went well. As she was wrapping up, my license rep. asked me if I had any additional question for her. I said I did have a few regarding the new regulations. She said, "We have been instructed not to answer any questions regarding the new regulations."

I said well I am worried about violating regulations that I am not even clear about. She said she understood and that they (the licensors and supervisors) have been meeting almost daily to try and figure out exactly what has changed and needs to be enforced. She said I am doing a great job and to keep doing what I am doing in the meantime. While I am happy to hear a positive critique, I am frustrated that such huge changes have been mandated but no one can give any definitive answers about them.

Sounds familiar! Licensing personnel here are not and never have been huge fans of the "new" system with unrealistic regs/QRIS....many are counting down to retirement because their jobs have changed drastically as well. After listening to many on this board talk about what "might" happen with QRIS in their state, I feel my state is kind of like a "pilot program". Where I feel our state messed up is when the FCCERS Assessment was written in the law.....it is VERY hard to change law.....I wish the assessment was on a voluntary basis then providers could make a choice.

[melskids]

Originally Posted by Leanna

So I had an inspection on Thursday and all went well. As she was wrapping up, my license rep. asked me if I had any additional question for her. I said I did have a few regarding the new regulations. She said, "We have been instructed not to answer any questions regarding the new regulations."

I said well I am worried about violating regulations that I am not even clear about. She said she understood and that they (the licensors and supervisors) have been meeting almost daily to try and figure out exactly what has changed and needs to be enforced. She said I am doing a great job and to keep doing what I am doing in the meantime. While I am happy to hear a positive critique, I am frustrated that such huge changes have been mandated but no one can give any definitive answers about them.

WHAT?! That's their JOB! It's their job to make sure we understand the new regs and all of the changes. SMH

[Neekie]

Originally Posted by dapb45

Here, the QRIS has become a game with some, pushed some into unlicensed (legally and unlegally), etc......In the beginning, I wanted to excel so I went back to school receiving my CDA then my Associate's, but now I am frustrated with it..... The stress of counting science and math materials, making sure my room is divided into quiet play and loud play, making sure my interview questions are answered correctly, hoping the Assessor credits me with what is in my room or what if she overlooks some materials.....

I do believe in QUALITY child care, but am not sure the QRIS is how to obtain it....much of what I offer my children comes from my heart, NOT a college textbook.. Furthering my education in early childhood is beneficial but is not the sole thing I use in my program!

[SignMeUp]

I realize I'm dragging up an old thread, but I'm reading back and just wanted to say this:
For the past several years, licensing here has only 'pointed' to the law or rule. They will not 'interpret' it for us.
I don't think they see their jobs as helping us to understand the regulations anymore. I think their job is now to write us up, fine us, and prosecute us if they perceive us as breaking any law.
(That said, I have a new licensor almost every time and have managed to keep each of them happy. I do live in fear of new licensors though.)

Originally Posted by Leanna

"We have been instructed not to answer any questions regarding the new regulations."
.

[Annalee]

Originally Posted by SignMeUp

I think their job is now to write us up, fine us, and prosecute us if they perceive us as breaking any law.
.)

I am NOT in your state, but in my state FCC is getting hit with many civil penalties. Licensors have been told from up top to "write providers up"....shamefully this usually happens to unseasoned providers whom have never been taught about the "gray" areas....they do not know how to battle back. I consider myself a seasoned provider as do many of my mentors and friends however, even we struggle at times for clarification about rules/regulations. It is enough to drive you crazy and put you on a professional roller coaster!

[SignMeUp]

Originally Posted by Annalee

I am NOT in your state, but in my state FCC is getting hit with many civil penalties. Licensors have been told from up top to "write providers up"....shamefully this usually happens to unseasoned providers whom have never been taught about the "gray" areas....they do not know how to battle back.

No clue what licensors are told here, but it does seem that there are lots of fines now and lots of people being written up. Lots of prosecutions for what would have been considered a SIDS death a few years ago, and for which a parent would not be prosecuted. To be clear, I do believe in providing an appropriate safe sleep environment, but it does present some difficulty when the parent isn't doing this too.

I've done this for quite a while, but I don't know how to fight back either. Got any tips? I have not been written up in a long time, before we were required to post it at our entries. I never fought it, even when they were wrong, because it was such small stuff, and had no repercussions for me. I just didn't rock the boat.

[Annalee]

Originally Posted by SignMeUp

No clue what licensors are told here, but it does seem that there are lots of fines now and lots of people being written up. Lots of prosecutions for what would have been considered a SIDS death a few years ago, and for which a parent would not be prosecuted. To be clear, I do believe in providing an appropriate safe sleep environment, but it does present some difficulty when the parent isn't doing this too.

I've done this for quite a while, but I don't know how to fight back either. Got any tips? I have not been written up in a long time, before we were required to post it at our entries. I never fought it, even when they were wrong, because it was such small stuff, and had no repercussions for me. I just didn't rock the boat.

Just know the rules and make your licensor show you in writing what the rules are and what they mean! If your licensor can't explain the rule to you, go up the ladder until you get clarification....no matter how far the ladder takes you, as a provider, demand clarification. We have a manual here to go by..so I have only had to go up the ladder a couple of times, but my licensor knows I will do that. We have a good relationship at this time, but I do not take that for granted anymore. Being in business for over 20 years, I have had 5 to 6 licensors so perceptions vary and pet-peeves vary by person. Licensors are human and have expressed their discontent for the way the system is run at this time due to QRIS taking over for the past ten plus years. Needless to say, the system is messed up and is NOT set up to benefit small FCC/Group child care homes. BUT that is another story which has been written on these boards many times. I appreciate this forum because it helps me to view the overall picture and realize this is a NATIONAL problem not just a local/state issue.