Start a Daycare in Vermont – Licensing – Regulations – Laws

The commitment of the government of Vermont is to ensure that all their child care facilities and programs are available and accessible to the public. And these programs and activities have no discrimination in terms of application, design, and performance. There must be equal-opportunity on employers and they should not be discriminated due to their age, gender, sexual orientation, race, national origin, color, creed, and handicapping condition and/or disability.

You can contact the following government agencies for your specific needs and additional information:

Child Care Services Division
103 South Main Street
Waterbury, VT 05671-2901
Telephone 1-800-649-2642

Office of Child Support Enforcement
Office of Child Support
103 South Main Street
Waterbury, Vermont 05671-1901
Phone: (802) 786-3214
Fax: (802) 244-1483

Child Care Licensing Agency
Vermont Department Children and Families
Child Development Division
103 South Main Street, A Building
Waterbury, VT 05671-5500
Phone: (802) 241-6941
Toll Free: (800) 649-2642 (within State)
Fax: (802) 241-4676

Child Care Subsidy Agency
Vermont Department for Children and Families
Child Development Division
CDD, 2 North
103 South Main Street
Waterbury, VT 05671-2901
Phone: (802) 241-4690
Fax: (802) 241-1220

Head Start – State Collaboration Office
Agency of Human Services
103 South Main Street
Waterbury, VT, 05671-0204
Phone: (802) 241-2705
Fax: (802) 241-2979

Child Care Resource and Referral Contact
181 Commerce Street
Williston, VT 05495
Phone: (802) 863-3367, ext. 17
Toll Free: (877) 822-2772
Fax: (802) 863-4202

Child Care Food Program Administrator
State Department of Education
120 State Street
Montpelier, Vermont 05620-2703
Phone: (802) 828-5154
Fax: (802) 828-0573

Child Abuse Reporting Hotline

Report a suspected abuse on a child in Vermont by calling the Social Services in (802) 479-4260 from 7:45 am to 4:40 pm. If not within working hours, you can call (800) 649-5285.

According to the National Resource Center for Health and Safety in Child Care and Early Education, the regulations of child care in Vermont are:

Documents which regulates the safety and health in child care	Effetive Date
Early Childhood Programs Licensing Regulations	2/12/2001
Family Child Care Licensing Regulations	2/12/2001
Children’s Day Care Licensing Regulations for School Age Care	10/7/1996
Children’s Day Care Licensing Regulations For Early Childhood Programs For Non-Recurring Clientele	3/24/1998
Regulations for Family Day Care Homes	10/7/1996

Staff/Child Ratios

Those are considered in the ratio between staff and children are only those who are directly working with children and devoting 90 percent of their time in duty. However, the program administrators are not counted unless they are directly working with children.
All the children who are present in the day care are included in the ratio.
If the number of children present exceeds to six, there must be an assigned adult in the area to assist in case of emergency.
The following are the ratios which applies to all programs:

Children’s age Maximum in group Staff : Child

6 weeks – 23 months 8 1:4

24 – 35 months 10 1:5

3 years – Kindergarten 20 1:10

1st grade – 15 years No Maximum 1:13

Health and Safety

In order for children to learn and develop to the fullest, we need to watch their health and safety. Do not expose them to any unhygienic places and contagious diseases that might cause permanent damage to their fragile body.

SELF MONITORING

All child care programs includes checking the child everyday for their health condition and ensure their safety, immediate action should be taken if necessary.

PREVENTION

The day care program should include preventive measure in spreading the disease and ensuring safety in each child while they are in the premises. Positive practices should be used to achieve this. Policies should be developed to promote preventive practice and guidelines must be imposed to prevent problems from getting worst. All day care staff and employees should be fully equipped, knowledgeable, and responsible in ensuring a child’s health and safety.

COMMUNITY SERVICES

There are different programs that will equip families or educate them how to prevent spread of diseases and ensure safety in their household. Your staff and employee should also be knowledgeable to these programs that will help provide community services in areas health, nutrition, social, and transportation.

General Standards on Safety

The day care premises should have clean, well-lighted, well-ventilated, safe, and pleasant environment suitable for children.
Children should be protected in all times, this includes from possible accidents from stoves, unstable furnishings and equipment, window blind chords, electrical chords, asbestos, chips and dust from the paint, toxic substances like creosote from woods and pentachlorophenol.
There should be an accessible telephone in the premises that is publicly listed. Answering machine or voice mail is allowed while the day care is in operation, and it should be situated where easy access for the staff and employees and should be checked every 15 minutes.
Emergency numbers should be posted near or adjacent the telephone, the list should include fire, local police, ambulance, poison center, 911 address, District Social Services Office ( you can report any incidence of child abuse or any services for families and children).
In addition of the list of numbers, there should also be the phone numbers of the parents and their contact numbers in their workplaces, emergency contacts for each child, child’s health care provider and dentist, and Child Care Services Division 1-800-649-2642.
The allowed license space is 35 square feet per child inside the day care establishment excluding the hallways, bathrooms, offices, kitchen or the food preparation room, and storage area.
The furniture should be appropriate to the average height and size of the children. This includes the additional staircase railings for the children to grip every time they are using it.
All the day care furniture, climbing structures, and equipment should be clean, stable or properly anchored, and maintained to prevent any sharp edges that might harm the children and staff. The bookshelves or bookcases should be organized to prevent tipping or falling hazards.
Bathroom, closet doors, and other class room doors should have the unlocking devices, there should be no locking or fastening device outside the door.
A comfortable adult seating should be provided in the infant and toddler areas.
Toys and other materials used by infants or toddlers should be large enough to prevent hazards of swallowing or choking. The floors, play areas in the infants’ and toddlers’ room should be inspected in a daily basis for small objects such as:
- paper
- pins
- buttons
- crayons
- coins
- small toys or small parts of toys
- tiny stones or marbles
- balloons
Baby walkers are prohibited in day care premises unless otherwise instructed by health provider.
All art, clay, and other play materials should be non toxic.
Styrofoam, vinyl, or latex gloves should not be accessible for children especially under 3 years of age.
Hazardous substances and chemicals should be in their original container and stored in a safe place away from children’s reached.
Animals in day care premises should not give any hazards to the children’s and employees’ health and safety. Appropriate immunization measures should be given for these animals like dogs, cats, ferrets, etc.
There should be enough precautionary measures in your day care stairway. You should establish physical barriers to protect infants, toddlers, children under your care. The stairs should be well lighted and have securely mounted hand railings, appropriate to the average child’s height.
To prevent accidents there should be no openings on your indoor and outdoor climbers and the platforms should have 3 ½ and 9 inches in size.
Sufficient cushioning material should be added or established around and under the climbers, slides, swings, and other equipment which are usually used by the children. This allows a child to use them even with the height of over 30 inches.
Elements of loft safety:
- enclose the platform with clear plastic sides or vertical railings with at least 3 ½ inches apart
- children should know the rules for loft play
- close supervision should be observed in the loft area, a staff or employee should be assigned in the area to ensure the safety of the children
- do not put any props in the loft area where children can stand, to prevent them to achieve the height below their chest
- loft should not interfere with sprinkle apparatus or system
Do not use devices that diffuse chemicals in the air that might cause hazards to children and staff in the premises like anti-pest, ozone generators, aerosol sprays, plug-in air freshener, etc.
Do not allow children to have access to electric outlets, use safety plugs to prevent any possible accidents. Falling from playground equipment is one of the common accidents that injures children.
The outdoor play area in your day care should have enough space of at least 75 square feet per child. To ensure safety, the play area should have fence and enough shade to prevent children from prolonged exposure from the sun. Everyday, this area should be inspected to prevent hazardous materials that will harm children, staffs and employees within the premises.
Climbing materials, swings, and other outdoor play equipment should be anchored securely to the ground, and proper spacing in each equipment should also be observed. They should meet the manufacturers’ spacing and fall zone requirements to prevent children from interfering from each other while in play that prevent possible accidents.
Chains on swings should be covered and make sure that seats are cushioned with no sharp edges.
Tricycles and bicycles should not have spokes and have chain guards. Safety measures should be imposed for children on bicycles, roller blades, scooters, skate boards, by wearing helmets and pads.

General Standards on Health

The children must be appropriately immunized according to their age except it is forbidden due to medical, religious, or philosophical reasons.
Drinking water must be available when requested and it must be offered more often during warm weather.
There must be available extra complete set of clothes for each of the child.
The staffs must not smoke in the premises and the children must not see them smoking.
The germicides, which are approved and registered by EPA, can be used as disinfectants to clean surfaces. The surfaces have to be dried as directed on the product’s label. Be sure that nobody would inhale this when spraying. Dilution of disinfectant solution must be done daily and should be put in spray bottle and properly labeled.
Toys that are mouthed by the children must be disinfected on a regular basis.
Equipment and indoor toys must be cleaned and disinfected once a month.
The bathrooms, table tops, door knobs, and diapering areas must be disinfected everyday.
Hard floors must be regularly cleaned. Carpets must be vacuumed everyday and must be extracted with hot water two times a year.

Napping and Resting

There must be appropriate lighting to allow supervision of children in the sleeping areas while the children are sleeping, napping, or resting.
Children must not be allowed to nap inside the cribs if they can climb out unassisted.
Children who are napping in cribs have to be regularly monitored by the assigned staff every fifteen minutes.
Infants must be allowed to take their nap every time they are tired.
Bottles are not allowed when the children are in the cribs unless there is written request by parents and only water is the allowed content of the bottles.
The cribs must be firm and with crib sheets and well-fitted mattresses. It is not allowed to use sheepskins, waterbeds, beanbags, comforters and pillows in the cribs.
All the infants must sleep with their backs to lower the incidence of Sudden Infant Death Syndrome unless there is a medical order which requires alternative sleep positions.
The spaces in between upright slats of the cribs must not exceed to 2 3/8 inches. The corner post extensions must be lower than 1/16 an inch and the headboards must have no cutouts.
There must be a 30 minute rest when children are taken cared off with longer than 5 hours but they should not be forced to take a sleep. If the children do not like to sleep, there must be a space for their quiet play.
The children, who are not using cribs when taking their nap or rest, must be regularly checked or supervised.
Each child must have his own comfortable space with his personal sleeping bag or blanket. The mats, cots, or mattresses must be water resistant or with waterproof coverings.

Emergency Procedures

There must be a first aid kit which is located in an accessible and strategic area and it must contain the following: first aid manual, bandages, adhesive tape, safety pins, sterile gauze, thermometer, cold pack, syrup of ipecac, scissors, tweezers, nonporous disposable gloves, gauze bandages, and sealed wipes or antiseptic. The kit must be replenished immediately when the supplies are used or expired.

Every time they go beyond the program site, the staff must always carry the first aid manual, first aid supplies, emergency contact numbers, and coins for the pay telephone.

If a child is injured severely, he must be only moved when a medical professional advised to do so unless no one is available and there is an urgent need for a movement due to emergency situation.

After confirming a missing child or being abducted, the staff must urgently notify the parents, police, and Division.

There must be an emergency evacuation plan posted in every room and the evacuation routes must be clearly indicated. An Emergency Response Plan (ERP) must be developed and kept in the facility. All staff must be aware where this plan is located and this must be updated and reviewed every year. The Vermont Division of Emergency Management can be provided with a copy of this plan upon requesting.

Changing Diapers

Wet or soiled diapers or underwear must be changed as soon as possible. There must be an area intended for changing diapers and this must be away from area where food are prepared, served, and stored. And also, the surface of the area must be non-absorbent.

There must be hand washing sink near the diaper changing area with running cold and hot water. This sink must not be used in food clean up and preparation.

The diaper changing area must be with sturdy and cleanable structure and with adequate height.

Non-porous disposable gloves must be worn when diapering especially when:

the staff has broken skin like sore, crack, or cut;
the child has broken skin; and
the child has infection and it spreads in his feces.

Handwashing

The sinks that are intended and used for handwashing must have running water of both cold and hot (must not above 120°F) which are coming from single spigot.
There should always be available and accessible soap and disposable towels.
If the sinks are too high for a child, there must be stepping stools.
Washing the hands of children is required when: they arrive; before they eat; and after changing diaper, going to the toilet, handling animals, and playing outside.
The children must be assisted when they cannot wash on their own.
The staffs must also observe regular washing of hands for a minimum of 10 seconds when: they arrive; before feeding the child and preparing bottles or food; after changing diapers, going to the toilet, helping the child in using the toilet, attending to injured or sick child, handling items that are contaminated with body fluids or blood, and handling animals; and prior and after administering medication.
Frequent washing dries the skin, therefore using a lotion is recommended.

Universal Precautions

This means that all body fluids, including blood, are potential cause of infections. The body fluids are discharges of nose and eyes, saliva, urine, vomit, and feces.

The staffs must be cautious when exposed to blood and other body fluids.
The staffs must:
1. wear non-porous vinyl or latex gloves when cleaning body fluids or blood;
2. avoid the fluid to contact into the nose, eyes, mouth, or even on open skin like sores or cuts;
3. clean and disinfect surfaces that are spilled with body fluids;
4. dispose properly the contaminated materials and store the washable items in sealed bags or containers; and
5. wash the hands using soap under running water.

Laundry

The soiled or wet clothes must be changed immediately and should be stored in sealed bags or containers.
Beddings must be washed every week and one bedding must be used by a single child between washing. All soiled and wet beddings must be changed immediately and stored in sealed containers or bags.
The mats, cribs, or cots must be cleaned and disinfected and should be assigned to a single child between washing.

Medications

All medicines should be out of children’s reach.

PRESCRIPTION MEDICATION

You should have a written parental consent or note from health care provider before administering medication to the children, indicate the name of the medicine, dosage, date and time to be given.
The day care center should keep all the medication records of each child, the records should include the name of the medicine, dosage, time and date, and the person who administer. The records should be kept for at least a year.
All medications should be kept in their original container, labeled with the child’s name, dosage, and schedule of taking it.

ADMINISTERING NON PRESCRIPTION MEDICINE

You should have written note or permission from parents if you are going to give non prescription medication to a child. Before administering medicines, parents should be verbally notified. Even for lotions, creams, ointments, sunscreen, tick and insect repellant, parents should be advised to prevent any accidents. Every child has different reactions from these chemicals so proper communication with their parent is very important. Do not fail to update you records, non prescription medication should be included.
Advise your staff not to allow children to apply repellants to themselves, this should be under close supervision to prevent accidentally applying it to their eyes, nose, or mouth.
Chemical repellants may provide protection from insects that can transfer or transmit diseases but when improperly used, these repellants will cause adverse effects to someone’s health.

Food Services

All the meal should be prepared in your day care or use multi service utensils as approved by the Division.
The food preparation room should be exclusively used for food handling only and other activities should be held here.
Prepare food in hygienic way and store them in a sanitized storage area.
All foods should be cooked in the right temperature, and when we need to reheat, the temperature should be at least 165°F.
In preparing and handling food, you need to follow good and hygienic practices. Food handlers should wash their hands as frequent as possible to prevent spoilage and contamination.
Food handlers should be in good shape, free from any illness when preparing the food. They should be advised not to handle food if they have open wounds.
Food should be stored in sanitized containers and the temperature should be maintained at least 140°F and for cold food of at least 40°F.
Perishable food should not be kept at room temperature for more than one hour and they should be stored right away to the cold storage to prevent spoilage.
Children are permitted to go to the food preparation area but with the close supervision of one of your employee or staff to prevent danger or accident.
All hot foods and beverages should be out of children’s reach. An employee or staff who is drinking hot beverage should not hold a child.
The food that is heated should be tested or checked for the right temperature before serving. For formula milk, they should be mixed well before handing it to the child.
Pets like dogs, cats, birds, ferret, and others are not allowed in the food preparation area to avoid accidents and contamination.
Sinks should be installed in the kitchen or food preparation area with pressurized hot and cold water. This is used in washing of food and kitchen utensils.
Surface that has direct contacts with food should be easy to clean and sanitize. It should not contain any harmful substance and should be durable and not easily chipped or break.
The food preparation room should be free from insects, rodents, dust, spiders and spider webs, and other contaminants.
The waste pipes should not be located open and visible in the kitchen, storage area, and serving areas.
All foods should be stored in clean, sealed, labeled containers to avoid spillage, spoilage and contamination. These containers should be arranged in the manner that permits air circulation.
Refrigerators should maintain a temperature at least 40°F and the freezers should maintain at least 0°F.
Frozen food can be thawed in different manner; they can be defrosted inside the refrigerator (refrigerated temperature), under cold running water, or in the microwave.
To speed cooling, especially foods that is highly perishable, they should be placed in shallow pans not more than three inches in depth to allow penetration of cool air.
Fresh fruits and vegetables should be washed before cooking or eating.
Do not allow sharing of food between children.
All kitchen utensils, equipment, and food should be stored in proper place that is free from any crawling insects, rodents, dust, and other contaminants to prevent spoilage and spread of diseases or worst will cause food poisoning.
- Kitchen utensils, container, and eating utensils should be stored 18 inches above the floor and make sure that the storage area should be clean, dry, and covered. For containers and cooking ware that are not in use, these should be stored upside down.
- The storage area for kitchen utensils, containers, and eating utensils should be stored away from surfaces where food is being handled.
- Paper cups, plates, straws, forks, and other eating utensils should be stored properly away from food contacts.
- Single-service utensils or disposable utensils should be used once.
- Kitchen machinery and equipment should be cleaned and sanitized before and after use and make sure that it is in good condition.
- Eating utensils like, plates, glass, china, and related items should have no cracks or chipped parts.
- All foods should be stored in labeled and dated containers. Spoiled or contaminated food should be disposed properly. For canned foods, if they are rusty, swelled, and have leaks, dispose them as soon as possible.
When using a mechanical dishwasher, the water temperature should be at least 170°F with 50ppm of chlorine. In installing the dishwasher, you should follow the manufacturer’s standard and regulations.
Without mechanical dishwasher, dishes should be washed with soap and hot water, rinsed with hot water, and sanitized in chlorinated water. The ratio of chlorinated water is one tablespoon of chlorine in a gallon of water. Dishes should be immersed in chlorinated water for 10 minutes.

Grooming and Toothbrushing

Every child must be provided with his own toiletries such as toothbrush, toothpaste, hairbrush, comb, and others. And they must use only their own personal things. The toothbrush must be air dried and must not be stored together with soap, cups, or towels.

Maintenance of the Facilities

The facilities of the building, equipment, and grounds must always be cleaned and maintained in orderly manner and in good condition. The premises must be cleaned regularly after every class.

There must reasonable efforts in keeping the facility free from rodents and insects. The garbage and other solid wastes must be kept in containers with tight lids to be free from insects and rodents. These must be dumped outside the building daily and must be removed from the area on a weekly basis.

Play areas outside must not have uncovered trash cans, dumpsters, materials that are highly flammable and others that may possibly cause hazards to the children.

Ramps, porches, stairs, and walks must be free from accumulation of ice, snow, and other hazardous materials.

Ventilation and Temperature

Indoor areas must have minimum of 68° F temperature a foot from the floor. However, the indoor gross motor places are exempted with this provision because these areas are not considered in counting the measurement of indoor square footage. The areas that are used for the infants must have a minimum temperature of 68° F on the floor level.

There must be enough ventilation in the indoor areas during the hot weather.

All of the rooms that are used by children must have a screen window which can be easily opened unless there is available artificial ventilation. The ventilation must be at least 5 cfm for every occupant. Each bathroom must have electric exhaust fan or easily opened screen window.

Toileting and Toilets

The toilet facilities must be accessible to all children. The children must be aware on the proper use of toilet facilities in a sanitary and safe manner. Toilet papers must always be available and properly dispensed. Toilets must be flushed every after use.

Bathrooms must always be clean and in good condition with enough ventilation and lighting. The sinks and toilets must be regularly cleaned / disinfected.

The sink and toilet must be conveniently located in every fifteen children excluding the children that are not yet toilet-trained.

If toilet training chairs are used, these must be emptied in the toilet and cleaned / disinfected. Do not clean toilet chairs and dispose toilet wastes in the sink that is used in food preparation.

Prevention of Lead Poisoning to Children

Maintenance practices are necessary to be performed to the licensed area before the initial licensure and every year thereafter. The maintenance must be done by someone, who is certified by Vermont Department of Health or someone who is directly supervised by a certified person, to conduct the essential maintenance practices.

Essential maintenance practices include the following:

an ocular inspection on the exterior and interior surfaces of the facility to identify any deteriorated paint especially on areas that are frequently used by the children during warm weather;
stabilization of the paint is done if more than a square foot deteriorated paint are discovered either on the exterior or interior surfaces;
restricting the access of children if there are more than a square foot of deteriorating paint found on either exterior or interior surfaces that are accessible to the children;
assure that window well inserts are installed properly in all the windows wells in the defined licensed space;
cleaning the windowsills and window wells with all purpose cleaner and HEPA (High Efficiency Particulate Air) filter vacuum; and
assuring that there are posted notices in strategic places which emphasize the importance of informing deteriorated paint to the owner of the facility.

There must be responsible precautions when disturbing the painted surfaces, which includes safety precautions and good work practices, to prevent spreading the lead dust. It is prohibited to burn, water blast, dry scrape, and sand blast the painted surfaces.

There should be an Affidavit of Performance of Essential Maintenance Practices that must be filed every year to the Childhood Lead Poisoning Prevention Program of Vermont Department of Health and to the building insurance carrier of the facility.

Safety on Facility

An indoor licensed space is defined to have the available artificial or natural lighting which provides at least 50 foot candles of light which is 24″ above the floor.
The roofs, doors, windows, ceilings, floors, ramps, stairways, porches, chimneys, skylights, and walls (exterior and interior) must be kept in good working condition.
The surfaces that are reachable by children must be smooth. These must be cleaned easily and free from toxic materials.
The heaters, electric fans, and air conditioners must be properly mounted and beyond the reach of children or must have protective measures to avoid injury of children.
The floors of kitchens, bathrooms and other surfaces that are prone to molds must be maintained to allow easy cleaning.
There should be screens on doors and other openings except the emergency exits.
There must be railings for hands that are within the reach of children on the stairs, platforms, and porches.

Pesticides

The restrictions that apply to the use of pesticides do not include the anti-microbial products that are intended for disinfection or sanitation.

There must only be applications of pesticides if the other control measures and pest prevention did not succeed. If the primary reason for controlling pests is only for aesthetic appeal, using pesticides is not the answer. As much as possible, the Licensed Family Child Care Home should use the pesticides with low risk.
All the pesticide applications that are contracted must only be applied by a commercial applicator which is certified by Vermont Department of Agriculture, Food and Markets.
There must be a written notification to parents and staffs before the application of pesticides. Indicated in the notice is the information regarding the site of application, proposed pesticides that will be used, and the pest that must be treated.
Only the pesticides that are registered with Vermont Department of Agriculture, Food and Markets must be used.
The application of the pesticides must be done when there are no children present in the premises such as Friday afternoon. This gives ample time to for full ventilation over the weekend.
Do not use rodent baits unless these are in bait boxes. Keep the bait boxes away from the children.
Guiding by a staff of Licensed Family Child Care Home to the certified applicator is important. The staff can tell to the applicator on what surfaces that are mouthed or regularly touched by children.
The child care must keep the records on applications of pesticides which include the following information:
- the product name of pesticide
- EPA Registration Number
- amount used
- dates of the application
- location where the application was done
- pests that were treated

These records must be available in case the parents and other potential customers would like to check it.