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How to Start a Daycare > Licensing, Rules & Regulations by State > Georgia

START A DAYCARE IN GEORGIA
LICENSING, REGULATIONS, LAWS



START A DAYCARE IN GEORGIA LICENSES OR COMMISSIONS
DAYCARE CENTER STANDARDS TEACHER/LEAD CAREGIVER
STAFF TRAINING ADMISSIONS AND ENROLLMENT
FIND A DAYCARE OR CHILD CARE IN GEORGIA


The State of Georgia found itself with a large drop-out rate and a large teenage pregnancy problem in 1990. Two years later, a research indicated that strong preschool experiences produced students who are more successful in school, have higher level of self-esteem, and will less likely drop out from school. The state government decided to start a pilot program, the Georgia Voluntary Prekindergarten Program (Pre-K Program), which aims to address the problems of dropout and teen pregnancy before they occur. In 1992, the Pre-K Program initially served 750 at-risk children, including their families, in a school-based, center-based, and home-based programs in 20 sites throughout the state, funded by three million dollars from the state. The following year, 8,700 at-risk four-year-old children were included in the program, utilizing the first lottery funds from the state.

In September 1995, the program was opened to all eligible four-old children in Georgia, serving 15,500 children. The expansion tripled to 44,000 students during the 1995-96 school year, with the private sector becoming an integral part of the program. This public/private partnership of this scale was a first in the state of Georgia and the whole nation.

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In March 1996, the Office of School Readiness, a one-stop children's department to administer the Pre-K Program, federal nutrition programs, and early intervention services, was created. The Office of School Readiness was reorganized in July 1, 2004 to be an agency called Bright From the Start: The Georgia Department of Early Care and Learning, aimed to consolidate state resources and improve coordination among Georgia's different early childhood programs. The new department assumed the responsibilities of the Office of School Readiness, the Georgia Child Care Council, and the Child Care Licensing Division of the Office of Regulatory Services in the Department of Human Resources. It is now the department that is responsible in the licensing and monitoring of all center-based and home-based child care facilities, estimated to be over 10,000.

Bright from the Start is working to attain the following goals:

  • To establish comprehensive quality standards in early care and education
  • To provide for a system of professional development for providers and staff
  • To improve and expand organizational information
  • To improve organizational effectiveness in Human Resource Management, Financial Resource Management, and Asset Resource Management.

LICENSES OR COMMISSIONS

A day care center can be operated by a person, partnership, association, or corporation only after obtaining a license or commission issued by the Bright From The Start: Georgia Department of Early Care and Learning. The department will only issue a license or commission after the applicant has demonstrated satisfactory compliance with all the necessary requirements set forth in the applicable laws and rules of the department.

A temporary license or commission may be issued for a period not to exceed one year on the following instances:

  • If a day care center has complied with all of the rules but has not yet enrolled children
  • If the day care center is not yet in full compliance with the requirements but has shown satisfactory evidence of making progress towards meeting the requirements and has submitted an acceptable plan of correction.

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A restricted license or commission may be issued in place of a temporary or regular license when it is found out that the applicant has not complied with all the requirements or is incapable of providing all the services of a day care center. The restriction shall appear on the license and shall restrict a day care center from providing services or care which are beyond their capability to provide. The restriction can also limit the number or age of children to be served by the day care center.

A day care center can be operated by a person, partnership, association, or corporation only after obtaining a license or commission issued by the Bright From The Start: Georgia Department of Early Care and Learning. The department will only issue a license or commission after the applicant has demonstrated satisfactory compliance with all the necessary requirements set forth in the applicable laws and rules of the department.

A temporary license or commission may be issued for a period not to exceed one year on the following instances:

  • If a day care center has complied with all of the rules but has not yet enrolled children
  • If the day care center is not yet in full compliance with the requirements but has shown satisfactory evidence of making progress towards meeting the requirements and has submitted an acceptable plan of correction.

A restricted license or commission may be issued in place of a temporary or regular license when it is found out that the applicant has not complied with all the requirements or is incapable of providing all the services of a day care center. The restriction shall appear on the license and shall restrict a day care center from providing services or care which are beyond their capability to provide. The restriction can also limit the number or age of children to be served by the day care center.

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Application

An application for a license or commission to operate a day care center must be submitted on a department-provided form by an individual who is at least eighteen years old and must be competent to file such application as follows:

  • If the day care center is owned by a sole proprietorship, the individual proprietor must apply for the license or commission, must complete the statement of responsibility, and must serve as the licensee or commission holder.
  • If the day care center is owned by a partnership, the general partners must apply for the license or commission, must complete the statement of responsibility, and must serve as the license or commission holder.
  • If the day care center is owned by an association, the association's governing body must authorize the application for a license or commission and complete the statement of responsibility, and the association shall serve as the licensee or commission holder.
  • If the day care center is owned by a corporation, the corporation's governing body must authorize the application for the license or commission and complete the statement of responsibility, and the corporation shall serve as the licensee or commission holder.

The application for a license or commission must be submitted thirty days before the proposed opening of the new day care center.

DAYCARE CENTER STANDARDS

A day care center must meet the standards required by the Bright From The Start: Georgia Department of Early Care and Learning.

Administration and Staff Requirements
When the licensee or commission holder is not serving as the actual administrator or director of the day care center, he shall appoint and report in writing to the department an administrator or director who will be responsible for the day-to-day operation and management of the facility. If the administrator is to be absent from the day care center at any time during its hours of operation, a duly designated person must assume the responsibility of the absent director or administrator.

The administrator of a day care center must meet the following minimum requirements:

  • Be at least twenty one years of age.
  • Must not have been shown by credible evidence to have abused, neglected or deprived a child or adult or have subjected any person to serious injury resulting from intentional or grossly negligent misconduct.
  • Must have successfully completed a biennial training program in cardiopulmonary resuscitation (CPR) and a triennial training program in first aid on infants and children offered by certified or licensed health care professionals.
  • Must not be suffering from any physical or mental disorder that would interfere with the ability to perform adequately the duties of providing care and supervision of the children enrolled in the day care center.
  • Must have no derogatory record in the criminal background check.
  • Must participate in the orientation and training required by the rules of the department.
  • Must have a high school diploma or general education diploma (G.E.D.), or one year of acceptable experience in child care

Teacher/Lead Caregiver
A center must designate a teacher/lead caregiver for every group of children. The Teacher/Lead Caregiver must have to the meet the following requirements:

  • Be at least eighteen years of age.
  • Must have a high school diploma or a general education diploma (G.E.D.), or one year qualifying experience in child care.
  • Must have completed a biennial training program in cardiopulmonary resuscitation (CPR) and a triennial training program in first aid for infant and children provided by licensed health care professionals.
  • Must participate in the orientation and training required before working in a day care center.
  • Must not have any physical handicap or mental disorder that will hamper his ability to perform assigned duties adequately.
  • Must not have been shown by credible evidence to have abused, neglected or deprived a child or adult or have subjected any person to serious injury resulting from intentional or grossly negligent misconduct.
  • Must have no derogatory record in the criminal background check.
  • Must not have made false statement in his qualifications requirements.

Caregivers/Aides
Caregivers/aides must be at least sixteen years of age and must have the other qualifications, except the education requirements, of a Teacher/Lead Caregiver.

Other Staff
The day care center shall hire sufficient and qualified direct-care, office, housekeeping, and maintenance employees to see to it that all the services needed by the children shall be provided. Staff members shall supervise all independent contractors, volunteers, and students in training in the facility whenever they are in direct contact or in the presence of children. Substitute employees, who must possess the qualifications of the position he will be filling in, must be hired during the absence of a regular employee.

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Staff Training
Prior to any job assignment, all employees of the child care center must receive initial orientation on the center's policies and procedures, assigned duties and responsibilities, rules on the care, health and safety of the children, and the reporting requirements for suspected cases of abuse, neglect and deprivation; communicable diseases and serious injuries; emergency weather plans; and childhood injury control.

Within the first year of employment, all direct care staff must complete a ten-hour training in child care issued from an accredited school or any Department-approved source. Also within the first year of employment, the director and the employee who is primarily responsible for food preparation must receive four hours of training in food nutrition planning, preparation, serving, dish washing and food storage.

All supervisory and caregiver personnel of the child care center must receive, on an annual basis, ten hours of training in early childhood education or child development that is offered by an accredited educational institution or any Department-approved source.

All training completed by employees must be documented in their personnel file and must be made available for inspection by the Department.

Admissions and Enrollment
A child care center must not accept any child for enrollment or allow the continued enrollment of a child if the staff determines that they cannot protect the health and safety of the child while at the center. A child will only be admitted for care to the center upon completion of the enrollments records in accordance with the rules and requirements set forth by the department.

Children's Records
A child care center must maintain an individual file for each child which must contain the following:

  • Identifying information to include: name, date of birth, sex, address, living arrangement if not with both parents, and name of school, if any.
  • Identifying information about parents to include: names, home and work addresses and phone numbers.
  • Names and addresses of persons to whom child may be released.
  • Identifying information about the persons to contact in emergencies when the parents cannot be reached.
  • Identifying information about the child's primary source of health care to include the physician's or clinic's name and telephone number.
  • Reports on allergies, physical problems, mental health disorders, and any other mental retardation or development disabilities, and record of immunization.
  • Description of any special procedures for the care of the child.
  • Documentation of incidents that need professional medical attention.

Parental authorization for the following:

  • For the center to obtain emergency medical care for the child when parents are not available.
  • For the center's personnel to dispense medication.
  • For a child to join field trips and activities outside of the center.
  • For the child to participate in water-related activities involving more than two feet deep water.
  • For a person other than the parents to pick up or drop off the child, including the names of such persons.

The center shall observe the confidentiality of student records and shall not release the same without prior written permission by the parents except when the information is relevant to the children's family situations, medical status and behavior characteristics.

Attendance records of children must be maintained for six months but need not be filed in each child's record.

Activities
The child care center must provide a schedule of activities that shall be appropriate for the children's chronological ages and level of development. Children must be offered a variety of activities to choose from. Unless contraindicated by medical needs or parental agreement, children with special needs will be integrated into the activities provided by the day care center.

The activities in a day care center shall be designed to include the following:

  • Indoor and outdoor play.
  • A balanced active and quiet periods.
  • A balanced free choice activities and activities directed by caregivers.
  • Activities involving small group and large group.
  • Large muscle activities like running, jumping, etc.
  • Small muscle activities like building with blocks, nesting or stacking toys, etc.
  • Language experiences like listening, talking, rhymes, etc.
  • Dramatic play
  • Rhythm and music
  • Nature and science experiences such as nature walks, weather experiences, etc.

Discipline
The day care center and its personnel must see to it that disciplinary actions that are used to correct a child's behavior must not be detrimental to the child's physical and mental health. Day care center personnel must not:

  • Physically or sexually abuse a child.
  • Inflict corporal or physical punishment upon a child.
  • Handle a child in a rough manner.
  • Verbally abusing or humiliating a child.
  • Isolate a child in a dark room, closet or any unsupervised area.
  • Use physical or mechanical restraint in disciplining a child.
  • Use medication to control a child's behavior without written medical authorization issued by a licensed professional and given with the parent's written consent.
  • Unreasonably prevent a child from using to the bathroom.
  • Punish a child for toilet accidents.
  • Prevent a child from being fed or force-feed a child.
  • Denying or forcing naps.
  • Allow a child to humiliate or discipline another child.
  • Commit any criminal act, as defined under Georgia law, in the presence of any child enrolled in the center.

Children's Health and Hygiene
A child who shows symptoms of illness or a contagious disease shall not be allowed to remain in the center in direct contact with the other children. The child who shows symptoms of illness shall be moved to a quiet area away from the other children and shall be supervised and observed until the child leaves the center. Parents must be immediately notified when the child experiences symptoms of moderate discomfort or when professional medical attention is required. Parents can be notified at the end of the day when the symptoms manifested by a child do not merit medical attention or the level of discomfort is moderate.

Occurrence of communicable disease in the center will require notifying parents of all the children enrolled in the center within 24 hours after the center becomes aware of the illness or the next working day.

A day care center shall have a written plan on how to handle emergency medical situation involving the children enrolled in the center.

Proper hygienic practices shall always be observed in a day care center. Bathtubs and showers, drinking fountains and cups, must be maintained clean and disinfected. Personal items of the children, like toothbrushes and towels shall be kept clean at all times. Children's hands must be washed with soap and running water prior to eating and after toileting.

Food Service and Nutrition
Children must be served meals and snacks, with serving sizes dependent upon the age of the child, must meet the nutritional guidelines established by the Child Care Food Program of the U.S. Department of Agriculture. The center must see to it that meals and snacks are varied daily. A menu listing meals and snacks to be served during a week shall be dated and posted near the front entrance of the center in order for the parents to see it.

Children shall be served all meals and snacks during the period that they are present in the center. Where the parents provide the meals of the children, the center personnel must see to it that every child receives the scheduled meals or snacks.

A day care center must provide the following meals to the children:

  • Breakfast or morning snack
  • Lunch
  • An afternoon snack
  • Supper if the center operates until supper time.

When a child requires modified diet for medical reasons, a written statement form a medical professional shall be on the child's file. All center personnel must be notified when a child requires a modified diet.

Physical Plant
The center and the surrounding premises must be kept clean, in good repair, and must free of any debris or hazards. The center must have a temperature range of sixty-five to eighty-five degrees Fahrenheit and must be ventilated either naturally or mechanically.

Applicable laws and regulations issued by the State Fire Marshall must be observed in order to provide fire safety to the children and the personnel of the day care center. All potentially hazardous materials shall be stored in a safe area that is inaccessible to the children.

The center must be adequately illuminated except during nap or rest periods. There should be lighting in entrances and exits to be used by the children. An operable telephone must be available in the center and the important emergency phone numbers must be posted near the telephone.

Floor level windows or full-length glass doors shall be constructed of safety glass or shall have protective devices covering the glass to prevent injury to the children in case it breaks for any reason.

Playgrounds must be provided to the children. The minimum outdoor area must be one hundred square feet multiplied by one third of the licensed children capacity. It must be adjacent to the day care center in a location that can be reached safely by the children. It must be fenced to protect the area from traffic or other hazards.

When permanent swimming or wading pools are provided by the center, the same must follow applicable local regulations regarding the design, construction, operation, and maintenance.

Transportation
The center must have available at all times a vehicle that meets the safety requirements of the department and a licensed driver or an alternative emergency transportation. The vehicle must be in good condition and must have the necessary and applicable child restraint systems.

State Licensing Contact
For any questions or additional information about day care center licensing in the State of Florida, you may contact:

Some cities covered in this document:

FIND A DAYCARE OR CHILD CARE IN GEORGIA


Bright From the Start
GA Department of Early Care and Learning
10 Park Place South, Suite # 200
Atlanta, GA 30303

Phone: (404) 657-5562 or (888) 442-7735
Web Page: http://www.decal.state.ga.us