Joint Sunset Committee
Thursday, April 14, 2011, 10:00 a.m.
Cannon Building, Div. of Professional Regulation Conference Room B
Office of Child Care Licensing/Proposed Recommendations
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JSC and Staff: Sen. George H. Bunting, Jr., Chair; Rep. John A. Kowalko, Jr., Vice Chair; Rep. John C. Atkins; Rep. E. Bradford Bennett; Sen. Colin R.M.J. Bonini; Rep. Michael Ramone; Rep. Daniel B. Short; Senator F. Gary Simpson; Debbie Puzzo, JSC Executive Director; Judi Abbott, Legislative Council staff; and Cathy Gregory, House staff.
Absent: Sen. Michael S. Katz; Sen. Robert I. Marshall
In attendance: Laura Miles, DSCYF/DFS; Patricia Quinn, DSCYF/DFS/OCCL; Connie Merlet; Debbie Gottschalk, DHSS; George Meldrum, Nemours; Norma Everett, Nemours; Kelli Thompson, Nemours.
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Agenda:
I. Welcome
II. Discussion/Proposed Recommendations for the Office of Child Care Licensing
III. New Business
IV. Adjournment
Sen. Bunting called the meeting to order at 10:00 a.m.
I. Welcome
Sen. Bunting welcomed everyone and thanked them for attending. The members introduced themselves.
II. Discussion/Proposed Recommendations for the Office of Child Care Licensing
A. OCCL Mission
The intent of OCCL legal mandate is to “protect the health, safety and well-being of children who receive care in early care and education and school age facilitates and Power and duties are further defined as “to promote the general welfare of the children and to work out a general program for their care and protection.”
However, the increasing policy discussions nationally and in Delaware on the need for high quality early education as a part of the discussion of improving the educational system raises questions of the role and limits of regulatory licensing of child care. In recent years, the distinction between the OCCL basic regulatory mission and the Department of Education’s efforts to implement needed improvement in early care and education as a key educational initiative appear increasingly unclear.
1. Is it the intent of Delaware public policy to implement clearly needed early educational initiatives through the use of OCCL licensing authority mandating primarily non-public business & institutions to implement and fund those initiatives? If so, amend the OCCL statute to reflect this mission. Discussion. No action.
2. The assumption that quality of care translates into regulating Early Childhood Education techniques in the daycare business of childcare goes beyond the mission statement of OCCL. The JSC has the authority to work within the agency’s own mission statement. OCCL should perhaps request a revision of their mission statement. If OCCL wishes to separate the two distinct industries of Early Childhood Education and daycare providing then OCCL should design and suggest legislation that would accomplish that. Imposing Early Childhood Education regulations on private businesses is unlikely to withstand legal challenge, but this should not preclude efforts to suggest advisory guidelines for the provider community in the area of Early Childhood Education. Child care vs. early childhood education. Discussion. No action.
B. OCCL/DHSS/DOE
OCCL stated that it works collaboratively with several state agencies to fulfill its mission.
OCCL should not be dependent on any other agency to fulfill its mission.
3. DHSS has several offices & functions that intersect w/services & objectives of OCCL:
Division of Social Services (POC)
Division of Long Term Care
Division of Public Health
DOE: Early Development & Learning Resources Work Group
Delaware First
Delaware Institute for Excellence in Early Childhood Education
Provider Pursuits
Delaware Stars for Early Success
Delaware Head Start State Collaborative Project
Discussion. No action.
C. Purchase of Care (DHSS) individual from DHSS at meeting to discuss
4. Discussion of procession for determination of rates by county
Debbie Gottschalk from the DHSS discussed POC.
Discussion. No action.
D. Private daycare licensing regulations vs. public/religious schools.
Discussion.
5. Find a balance to make the standards equitable and also affordable to parents.
(a) A public child care center for 3, 4 and 5 year olds is not bound by the same regulations as a private child care center for 3, 4 and 5 year olds. No action.
6. The enabling legislation does not require ALL providers of child care to be licensed. The void in standards for all child care does not provide safeguards and enhance the quality of care for ALL children in out-of-home care. In its “Early Success: Delaware’s Early Childhood Plan”, OCCL includes Objective III.12: “Expand state program licensing statutes to cover all early care and education programs. No action.
(a) Don’t confuse legally operated with illegal centers. Focus should be on illegal center.
7. Facilities: Private vs. public: Requirements for bathrooms, cubbies, etc are not equitable. No action.
8. Nutrition: Private child care providers have more stringent nutritional requirements than public sector + increased costs to providers thus increased cost to parents. No action.
9. Are parents going to be required to adhere to the food guidelines (no processed food, only 100% fruit juice, etc? No action.
10. Will it be reasonable under the authority of OCCL to mandate full time nurses in all child care centers that clearly for benefit children, or require all early care teachers to have a bachelor’s degree in early education, or other reasonable educational goals for education, but “reasonable” to mandate at no cost to the state of non-public business and institutions. No action
E. Regulations
11. OCCL should establish a formal policy for developing and revising regulations that ensures:
(a) a process that includes a representative number of private, independent, non-state related providers;
(b) an independent, financial & organizational impact study to determine the feasibility for the range of types of child care centers; and
(c) the feasibility of the State of Delaware to increase the POC rates to cover the higher cost to providers that Delaware is requiringtominimize any negative impact on low-income children. NO ACTION
Motion made and seconded to adopt Recommendation E 11(a)(b) excluding (c). Yes – 7 (Sen. Bunting, Rep. Kowalko, Rep. Atkins, Rep. Bennett, Rep. Ramone, Rep. Short, Sen. Simpson). Not present: 3 – (Sen. Bonini, Sen. Katz, Sen. Marshall). Motion carried.
12. OCCL shall establish a written policy for ensuring a continuing evaluation process to assess the planned and unplanned impact on child care providers and the children they serve to determine the need for revising regulations/policy based on the evaluation feedback or operational procedures. This process shall at minimum include:
(a) an Annual Survey of child care providers to solicit input on current regulations and OCCL operational procedures. No. action.
(b) As part of this process, a Provider Advisory Board should be established to assist in evaluating feedback, suggest additional data review, and recommend possible changes or enhancements, consisting of 7 members- 1 each from a center and family provider from each county and 1 from Wilmington. Nominations to be appointed by the Governor for three year terms.
As amended: The JSC authorizes legislation to create a Provider Advisory Board that would consist of 7 members- One each from a center and family provider from each county and one appointee from Wilmington. One appointee must be from a Boys and Girls Club. Appointees to be made by the Governor for three year terms.
Motion made and seconded to adopt Recommendation E 12(b) as amended. Yes – 4 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Rep. Short). No – 3 (Sen. Bonini; Rep. Ramone; Sen. Simpson) Not present: 3 – (Rep. Atkins, Sen. Katz, Sen. Marshall). Motion carried.
13. What are seen as “reasonable” regulations to ensure the general welfare and safety of children, and what are the limits of the interpretations of that mission? No action.
14. Require OCCL to conduct a survey/audit of the cost of providers for compliance with new licensing requirements/regulations. (implemented January 2011). The survey/audit should be conducted January 2012 so that costs of mandates/regulations can be evaluated with regards the effects on private providers. No action.
15. OCCL should establish a formal plan for regular communication with providers on current and changing regulation interpretations, support for compliance, and new information, including a vehicle for a provider to request clarification on a regulation interpretation, request exceptions, and obtain a formal, written response.
Motion made and seconded to adopt Recommendation E 15. Yes – 6 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Sen. Bonini, Rep. Ramone, Sen. Simpson). Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion carried.
F. Staffing
16. Current regulation requires school age staff to have same qualification as early education staff. Why? Ex. pg. 39: A teacher who teaches a third grade class in a public school may not be qualified because she does not have enough early childhood education credits in her degree to qualify to be a licensed child care provider or staff.
As amended: OCCL establish a formal plan to approve a process for appeal to provide staff education requirements
Motion made and seconded to adopt Recommendation F 16. Yes – 6 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Sen. Bonini, Rep. Ramone, Sen. Simpson). Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion carried.
17. Staffing regulations do not allow for staff departures as such, OCCL should establish a formal plan to include a process for appeal of provider staff education requirements with the goal of reasonable criteria substitution and a time frame for unexpected circumstances that currently leave centers out of compliance.
Motion made and seconded to adopt Recommendation F 17. Yes – 3 (Rep. Kowalko, Rep. Bennett, Sen. Katz). No – 3 (Sen. Bunting, Sen. Simpson, Rep. Ramone, Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion failed.
G. Violations/Penalties
18. Reintroduce (HB 444 – 145th GA. This bill imposes a fee structure for the violation of providing daycare services without a license. In addition this bill provides enhanced penalty structures for licensed child care providers who fail to cooperate with corrective action plans.
Currently 31 Del. C § 345. provides:
Anyone who violates a provision of this subchapter shall be fined not more than $100 or imprisoned not more than 3 months, or both.
(a) Is there an additional enforcement tool(s) before you actually get to the point of having to revoke a license, to have some other means between probation and revocation to get a licensee to come into compliance.
Motion made and seconded to support the re-introduction of HB 444 from the 145th General Assembly with appropriated changes. Yes – 6 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Sen. Bonini, Rep. Ramone, Sen. Simpson). Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion carried.
19. Legislative change appears to be the remedy for closing the exemptions contained in the current Delaware Code. Effectively eliminating all child care exemptions would involve a review of other various Titles of the Code. No action.
H. The JSC recommends that the OCCL do the following:
20. Rename the provisions “regulations” rather than “rules” and “requirements” to be consistent with other state agencies.
Motion made and seconded to adopt Recommendation H 20. Yes – 6 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Sen. Bonini, Rep. Ramone, Sen. Simpson). Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion carried.
21. Make the meeting minutes available online rather than only by request.
Motion made and seconded to adopt Recommendation H 21. Yes – 6 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Sen. Bonini, Rep. Ramone, Sen. Simpson). Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion carried.
Motion made and seconded to adopt Recommendations H 22-26. Yes – 6 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Sen. Bonini, Rep. Ramone, Sen. Simpson). Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion carried.
22. Revise the Early Care and Education and School Age Center application and licensing process to be more user friendly and to better prepare the applicant to succeed in business and in providing a safe, healthy and quality experience for children in care.
23. Cross train/transfer knowledge of staff to more efficiently handle caseloads and prepare for staff retirements/vacancies.
24. Provide specific training in areas of licensing competencies to improve staff skills in an effort to enhance services to providers and quality of care to children.
25. Encourage ‘ground up’ solutions to opportunities/challenges facing OCCL through emphasizing an attitude of staff ownership.
26. Continue to enhance and expand community partnerships to improve the quality of child care through sharing and efficient use of resources.
27. Continue to pursue partnerships with private and state entities (DEDO, DOL, DOE, DHSS) to garner financial support to assist low-income child care providers and workers to gain degrees. (pg. 9)
Motion made and seconded to adopt Recommendation H 27. Yes – 6 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Sen. Bonini, Rep. Ramone, Sen. Simpson). Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion carried.
28. Continue to educate the licensees that they are mandated to report any change of persons living in child care homes. (pg. 13+)
Motion made and seconded to adopt Recommendation H 28. Yes – 6 (Sen. Bunting, Rep. Kowalko, Rep. Bennett, Sen. Bonini, Rep. Ramone, Sen. Simpson). Not present: 4 – (Rep. Atkins, Sen. Katz, Sen. Marshall, Rep. Short). Motion carried.
The following Proposed Recommendations were not discussed as the JSC no longer had a quorum. Another meeting will be scheduled to discuss the remaining Proposed Recommendations.
29. OCCL should work more closely with providers to help them deal with parents regarding compliance with the nutritional regulations. OCCL should send out official notices that providers can use to tell parents about the regulations.
30. Continue to explore technology solutions that allow staff to better perform their duties as well as allow more paperwork to be directly input into the Family and Child Tracking System (FACTS) database while in the field. (pg. 18)
31. Continue to inform parents, providers and the public of the prevalence of legally unlicensed programs and the possible risks they present to children, and the benefits of licensing. (pg. 6+ and pg.18)
(a) Don’t confuse legally operated with illegal centers. Focus should be on illegal center.
32. Develop a realistic, integrated, adequately financed business model ensuring consistent quality care and education that supports children’s school readiness and allows providers and teachers to meet the high expectations they desire to meet. (pg. 30)