[ This is part of an on-line collection of laws and regulations impacting child day care facilities ]
Division of Child Day Care Licensing and Regulatory Services
Regulations for Private and Public Child Day Care Centers
Statutory Authority: 1976 S.C. Code of Laws Sections 43-1-80 and 20-7-2980, et seq.
Table of Contents
114-500. Definitions and Procedures
B. Procedures for Pre-Application Consultation and for Securing an Original License/Approval
C. Procedures for License/Approval Renewal
D. Provisions of the License/Approval
B. Responsibilities of Center Director
A. Qualifications of the Center Director
B. Staff Qualifications
C. Training of Operator, Director and Staff
A. Staffing and Supervision
B. Elements of the Program
C. Space and Equipment
114-504. Health, Sanitation and Safety
A. Health Practices Regarding Children
B. Personal Health of Operator and Staff
G. Water Supply
H. Waste Disposal
I. Preparation, Serving, Storage of Food and Protection of Food Supplies
J. Cleaning, Storage and Handling of Utensils and Equipment
K. Fire Safety
L. Care of Mildly-Ill Children
Fiscal Impact Statement
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114-500. Definitions and Procedures.
114-500. A. Definitions.
Terms used in South Carolina Regulations, Chapter 114, Article 5, Part
A, shall be all definitions cited in Section 20-7-2700 et seq., Code of
Laws of South Carolina in addition to the definitions which follow:
- (1) Center Director. The staff person who is responsible for the
daily operation of a child day care center, including but not limited to
supervision of staff and children.
- (2) Emergency Person. An individual not regularly employed by the
facility who is immediately available to serve as staff in the facility
during emergency situations.
- (3) Judicially Determined. A criminal conviction in a court of law
which is either the result of a jury trial, guilty plea, plea of no
contest or forfeiture of bond in cases of misdemeanor or a determination
of child abuse or neglect in any court f competent jurisdiction.
- (4) Original and Renewal Application for a License/Approval.
Completed Department of Social Services (DSS) application form,
completed DSS inspection study, completed health and fire inspection
reports, current criminal history background records checks (for
facilities subject to licensure), written policies and other related
information deemed necessary by the Department to make a determination
of issuance or non-issuance of a license/approval.
- (5) Overnight Care. Care provided to children by facilities defined
in these regulations from 1:00 a.m. to 6:00 a.m.
- (6) Parent. Biological or legal guardian of the child or individual
or agency with physical or legal custody.
- (7) Staff. Full-time and part-time administrative, program, service
and volunteer personnel, including emergency person(s).
- (8) Supervision. Care provided to an individual child or a group of
children. Adequate supervision requires awareness of and responsibility
for the ongoing activity of each child, knowledge of activity
requirements and children's needs and accountability for their care.
Adequate supervision also requires the director and/or staff being near
and having ready access to children in order to intervene when needed.
- (9) Training. Participation during the calendar year, in workshops,
conferences, educational or provider associations, formal schooling, in
service training or planned learning opportunities provided by qualified
professional child care consultants. Training must be in subject areas
related to child care, child growth and development and/or early
childhood education, nutrition, infection control/communicable disease
management and causes, signs and treatment of child abuse or neglect and
must include alternatives to corporal punishment. Training for directors
may also be in areas related to supervision of day care staff or program
- (10) Volunteer. An individual whose services are involved in the
operation of the child day care center, without compensation, on a
daily, weekly or monthly basis, including parents, students, student
teachers and other persons, all of whom are subject to compliance with
the same applicable regulations as paid facility staff with the
exception of training requirements.
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114-500. B. Procedures for Pre-Application Consultation and for Securing an Original License/Approval.
- (1) Any person, corporation, partnership, voluntary association or
other organization, whether private or public, may secure information
about the licensing/approval process by contacting staff of the State or
local county Department of Social Services.
- (2) An application for a license/approval shall be completed on
appropriate Department forms and shall be signed by the operator. The
Department representative shall provide the applicant with the required
number of forms, a copy of current child day care center regulations, a
copy of Section 20-7-2700 et seq., Code of Laws of South Carolina
(1976), (Child Day Care Statute) and a copy of Sections of the
Children's Code related to child abuse and neglect with an explanation
of procedures and information required by the Department. The Department
representative shall request in writing that health and fire officials
make inspections of the facility.
- (3) After giving the applicant prior notice, Department staff shall
complete a licensing/approval study during an on-site visit to the
proposed facility to determine compliance with applicable regulations.
- (4) Health and fire officials shall inspect the facility to determine
compliance with appropriate regulations and shall put in writing on
appropriate forms the results of their inspections.
- (5) Department staff shall review the findings of the complete
application and shall take one of the following actions:
- (a) Issue regular license/regular approval if all the provisions
of the regulations and statute for the operation of a child day care
center have been met.
- (b) Issue provisional license/provisional approval if
deficiencies have been cited which do not seriously threaten the
health or safety of children.
- (c) Deny the application for a license/approval if cited
deficiencies threaten serious harm to the health and/or safety of
the children in the facility.
- (6) Failure of Department staff, except as provided by statute, to
approve or deny any complete application within ninety days shall result
in the granting of a provisional license/provisional approval.
- (7) If a license/approval is issued, Department staff shall mail the
license/approval directly to the operator.
- (8) The license/approval shall state clearly the name of the
operator, the address and type of child day care facility, the date on
which the license/approval was issued and will expire and the maximum
number of children to be present in the center at any one time.
- (9) Department staff shall notify the operator as follows if a
provisional license/provisional approval is issued or an application for
a license/approval is denied:
- (a) If a provisional license/provisional approval is issued,
Department staff shall notify the operator in writing of
deficiencies to be corrected. The deficiencies shall be cited on the
back of the license/approval and shall include the appropriate
- (b) If Department staff proposes to deny an application for a
license/approval, the applicant shall be given written notice by
certified mail indicating the reason(s) for the proposed action and
the right of the applicant to request, in writing, an appeal within
thirty days after the receipt of the notice of denial.
- (10) If a facility is found to be in operation after the Department
has denied the application for the license/approval and the
administrative appeal/review procedure has been completed, the
Department shall notify the circuit solicitor and request injunctive
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114-500. C. Procedures for License/Approval Renewal.
- (1) One hundred and twenty days prior to the expiration date of the
current license/approval, Department staff shall notify the operator in
writing of the time and requirements for renewal and shall request
health and fire inspections.
- (2) The same Department actions cited in B(2) through (10), above are
applicable to the renewal process, except that the Department shall
initiate the license/approval renewal process one hundred and twenty
days in advance.
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D. Provisions of the License/Approval.
- (1) A regular license/regular approval issued by the Department to
the child day care center shall be valid for two years from date of
issuance, unless revoked by the Department or voluntarily surrendered by
the operator; provided however, that a change in location, ownership or
sponsorship of the facility shall automatically void the
- (2) A provisional license/provisional approval issued by the
Department to a child day care center shall be issued for a period
within which the deficiencies must be corrected, and within the
conditions permitted by statute.
- (3) A provisional license/provisional approval shall be amended from
a provisional to a regular license/approval when all deficiencies have
been verified as corrected.
- (4) No day care center shall have present at any one time children in
excess of the number for which it is licensed/approved.
- (5) An application for a license/approval may be denied or the
license/approval may be revoked by the Department if the operator,
owner, director, any staff member, volunteer(s) or emergency person(s)
has been determined to have abused or neglected any child as defined in
Section 20-7-490(B), S.C. Code of Laws, 1976 as amended.
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114-500. E. Investigations, Inspections and Consultation.
- (1) Department staff may visit a child day care center anytime during
the hours of operation without prior notice for the purpose of
inspections and verification of regulatory compliance. Department staff
shall provide at least two working days notice to the operator or center
director prior to conducting a visit to initiate an original
licensing/approval study or a renewal study.
- (2) Upon receipt of a regulatory complaint, Department staff shall
conduct an unannounced visit to the center to investigate the complaint.
If the complaint is written, Department staff shall provide a copy to
the operator or director upon request.
- (3) The operator or director may request consultative visits of
Department staff regarding meeting and maintaining regulations or
related matters. Department staff shall provide technical assistance to
the operator or director as requested.
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114-501. A. Organization.
- (1) The child day care center operator shall be responsible for and
have authority over the policies and activities of the facility.
- (2) All notices concerning the status of the facility's
license/approval shall be provided to the operator. The director may
also receive notices as agent of the operator.
- (3) The operator shall formulate and make available written operating
policies for the facility.
- (4) Written operating policies shall include but not be limited to
- (a) A statement of methods used to discipline children;
- (b) A statement regarding the release of children to authorized
- (c) A statement regarding administration of medication.
- (5) The center shall offer in practice the type of services and
program which the operating policies outline.
- (6) Parent(s)/guardian(s) shall be provided a copy of the center
operating policies and shall receive a full interpretation prior to the
admission of the child to the facility.
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B. Responsibilities of Center Director.
- (1) It is the responsibility of all operators, owners and directors
to secure information on compliance with antidiscrimination laws such as
the Americans with Disabilities Act and Section 504 of the
Rehabilitation Act of 1973. It is the intent of the Department of Social
Services that if federal laws or regulations apply to a given facility,
any conflict which might exist between federal laws and regulations and
these regulations shall be resolved in favor of compliance with federal
enactments. It is the responsibility of all owners and operators and
directors to comply with all such laws and regulations which are
applicable to their facilities. Compliance with Department of Social
Services regulations is not a substitute for compliance with applicable
- (2) The operator shall designate either himself/herself or a staff
person to serve as center director.
- (3) The director shall have overall responsibility for the day to day
operation of the child day care center. The director shall designate a
staff person to be responsible for overseeing the operation of the child
day care center at times when the director is temporarily away from the
- (4) The center director shall be responsible for the following
- (a) Planning and administering the child care program;
- (b) Ensuring compliance with regulatory and statutory
requirements including appropriate staffing by monitoring daily
- (c) Informing each employee upon employment of his/her duties
including the statutory requirement to report suspected child abuse
- (d) Screening and hiring of regular staff, volunteer(s), or
others who are to provide services in the facility to the extent
allowed by the operator;
- (e) Assigning staff to specific jobs or functions;
- (f) Supervising staff and on-going planning with staff;
- (g) Maintaining complete and accurate administrative records
related to enrollment, attendance, personnel, including records for
volunteer(s) and emergency person(s);
- (h) Ensuring that a staff person is available on the premises at
all times who has received a current certificate for first aid and
child-infant cardiopulmonary resuscitation (CPR);
- (i) Posting an understandable chart describing first aid medical
treatment techniques in an accessible location;
- (j) Posting the South Carolina Department of Health and
Environmental Control Recommended Immunization Schedule in a
location accessible to parent(s)/guardian(s) and staff;
- (k) Reviewing administration of medication with appropriate
- (l) Reviewing center policies with staff.
- (5) The director shall display the current license/approval in a
prominent location in the center. If deficiencies are typed on the back
of the license/approval, the license/approval, shall be displayed in
such a manner as to allow ready access by all parties to the back of the
license/approval or a copy of the deficiencies shall be displayed
adjacent to the license/approval.
- (6) The director or other designated staff shall report to the
Department when an occurrence takes place which affects the status of
the day care license/approval.
- (7) The following shall be reported to the Department by the
operator/other designated staff prior to the occurrence:
- (a) Change in owner, sponsor, or operator/director;
- (b) Change in location and/or major alterations to the building.
- (8) The following shall be reported to the Department by the
operator/other designated staff:
- (a) Accidents or injuries requiring professional medical
treatment of any child or staff person while at the center, or any
- (b) Major damage to facility;
- (c) Charges or convictions of crimes against the owner,
operator/director or any facility staff, volunteers or emergency
persons as listed in Regulation Numbers 114-502A(6) and (7) and B(6)
- (d) Child Protective Services reports involving the owner,
operator/director or any staff, volunteers or emergency persons.
- (9) The director/designated staff shall notify Department Child
Protective and Preventive Services staff or local law enforcement when
it appears that a child has been or may be abused or neglected in
accordance with South Carolina Code Annotated Section 20-7-510.
- (10) The operator and/or center staff shall cooperate with Department
staff during an investigation of child abuse/neglect. Cooperation shall
include but not be limited to the following:
- (a) Participate in an informational conference(s) with Child
Protective and Preventive Services staff;
- (b) Release records of children and staff as requested;
- (c) Allow access to the center premises for inspection upon
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- (1) The following information shall be maintained on file at the day
care center and made available to the Department upon request:
- (a) Information on enrollment including separate groupings of
- (b) Names, positions and hours of duty of staff members;
- (c) General and health records for enrolled children;
- (d) Records on staff;
- (e) At least one copy of Section 20-7-2700 et seq., Code of Laws
of South Carolina, a copy of sections of the Children's Code related
to child abuse and neglect and a copy of the current regulations for
child day care centers which will be provided by the Department;
- (f) Written policies;
- (g) Three letters of reference for the center director;
- (h) Criminal history background records check forms for the
operator, director, staff, emergency person(s) and volunteer(s) (for
facilities subject to licensure);
- (i) Record of training for director and staff;
- (j) Written statements signed by all staff members and parents of
enrolled children regarding disciplinary policies of the center.
- (2) The director/designated staff of the center shall initiate at
admission and maintain a general record on each child to include:
- (a) Child's full legal name, nickname, birthdate, date of
enrollment, current home address and home telephone number;
- (b) Full name of both parent(s)/guardian(s), work and home
telephone numbers, or telephone number(s) where they can be reached
during the time the child is in the center;
- (c) Name(s), address(es) and telephone number(s) of person(s) who
can assume responsibility for the child in an emergency if the
parent(s)/guardian(s) cannot be reached;
- (d) Name, address and telephone number of family physician or
- (e) Name(s), address(es) and verification of identification, such
as valid driver's license, other picture identification or personal
family code word of person(s) authorized to take the child from the
day care center;
- (f) Accurate records of daily attendance for each child;
- (g) Authorization from parent(s)/guardian(s) for child to obtain
emergency medical treatment;
- (h) Authorization from parent(s)/guardian(s) for child to be
transported to and from the center during field trips and other away
from the center activities;
- (i) Authorization from parent(s)/guardian(s) for child to
participate in swimming activities.
- (3) A health record shall be maintained in the center for each child
enrolled. Each record shall include all of the following information:
- (a) A signed statement of the child's health prior to admission
to the day care center (DSS Form 2900);
- (b) A copy of the immunization record signed by a physician or
health official for each preschool child. Immunization records shall
be presented prior to enrollment, every six months thereafter for
children younger than two years old, and annually for children two
years through six years old. The written verification shall indicate
that required immunizations are complete as recommended and
routinely provided by the South Carolina Department of Health and
Environmental Control for all infants and children or that the
appropriate official has provided written proof that the child meets
either medical or religious exemption requirements;
- (c) Other health information if deemed necessary by the director
of the center and/or by parent(s)/guardian(s).
- (4) The director shall maintain health records in the center for
himself/herself, staff, emergency person(s) and volunteer(s) in
accordance with Regulation Number 114-504B (1) through (3).
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114-502. A. Qualifications of the Center Director.
- (1) Any person performing the duties of center director on a regular
basis shall possess the following qualifications:
- (a) The director of a child day care center shall be at least
twenty-one years old;
- (b) The director shall meet at least one of the following
- (i) A bachelor's degree in child development or early
childhood education from an accredited college or institution;
- (ii) A bachelor's degree from an accredited college or
institution and at least six months verifiable experience as a
caregiver in a licensed/approved child day care facility;
- (iii) An associate degree in child development/early
childhood education from an accredited college with two years
verifiable experience as a caregiver in a licensed/approved
child day care facility;
- (iv) A diploma in child development/early childhood education
from an accredited college or institution with two years
verifiable experience as a caregiver in a licensed/approved
child day care facility;
- (v) A Child Development Associate Credential;
- (vi) A high school diploma or General Educational Development
Certificate (GED), in addition to three years experience as a
caregiver in a licensed/approved child day care facility. One of
the three years experience shall be supervision of other child
day care staff.
- (2) In facilities licensed/approved before the effective date of
these regulations, the director shall have five years experience as a
director in a licensed/approved child day care facility or shall meet at
least one of the educational requirements listed in Regulation Number
114-502A(1)(i through vi).
- (3) In facilities licensed/approved for the first time after the
effective date of these regulations, the director shall comply with the
qualifications prior to the issuance of a license/approval or in cases
of a new director, the individual must meet qualifications prior to
becoming the facility director.
- (4) The director shall provide to the Department the names of at
least three references from persons unrelated to the director.
Department staff shall have telephone or face to face contact with these
references and shall file comments provided in the Department record.
- (5) Prior to initial licensure, the director shall submit to
Department staff, a current (less than one year old) South Carolina
State Law Enforcement Division (SLED) criminal history background
records check form for himself/herself.
- (6) The operator or center director shall not have been determined to
have committed an act of child abuse or neglect.
- (7) The operator or center director shall not have been convicted of
any crime listed in Chapter 3 of Title 16, Offenses Against the Person,
any crime listed in Chapter 15 of Title 16, Offenses Against Morality
and Decency, and for the crime of contributing to the delinquency of a
minor, contained in Section 16-17-490.
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B. Staff Qualifications.
- (1) Caregivers with supervisory responsibility for other staff and
children shall be at least eighteen years old.
- (2) Caregivers younger than eighteen years old may be counted in
staff-to-child ratios, provided the following conditions are met:
- (a) They are at least sixteen years old;
- (b) They are not the person in authority and are supervised by a
staff person in the same room who is at least eighteen years or
- (3) The director and all staff including emergency person(s) and
volunteer(s) shall be able to read and write.
- (4) In facilities licensed/approved after the effective date of these
regulations, all caregivers shall have at least a high school diploma or
General Educational Development Certificate (GED), and at least six
months experience as a caregiver in a licensed/approved child day care
facility. If caregivers do not meet experience requirements, they shall
be directly supervised for six months by a staff person with at least
one year experience as a caregiver in a licensed/approved child day care
facility. Within six months, caregivers must have six clock hours of
training in child growth and development/early childhood education or
shall continue to be under the direct supervision of a caregiver who has
at least one year of experience as a caregiver in a licensed/approved
child day care facility.
- (5) In facilities licensed/approved before the effective date of
these regulations, caregivers shall comply with the qualifications
listed in (4) above upon license/approval renewal after July 1, 1994.
- (6) No child day care center shall employ or retain an individual who
has been determined to have committed an act of child abuse or neglect.
- (7) No child day care center shall employ or engage the services of
an individual who has been convicted of any crime listed in Chapter 3 of
Title 16, Offenses Against the Person, any crime listed in Chapter 15 of
Title 16, Offenses Against Morality and Decency, and for the crime of
contributing to the delinquency of a minor, contained in Section
- (8) Prior to initial licensure, the operator and/or director shall
submit to Department staff, current (less than one year old) South
Carolina State Law Enforcement Division (SLED) criminal history
background records check forms for staff, regular volunteers and
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C. Training of Operator, Director and Staff.
- (1) The operator and/or director shall participate in at least
fifteen clock hours of training within the first calendar year after the
effective date of these regulations and at least twenty clock hours
within the second calendar year and each year thereafter. At least five
clock hours shall be related to program administration and at least five
clock hours shall be in child growth and development, early childhood
education and/or health and safety. Training hours shall not include
first aid and child-infant cardiopulmonary resuscitation training.
- (2) All staff, with the exception of emergency person(s) and
volunteer(s), providing direct care to the children shall participate in
at least ten clock hours of training within the first calendar year
after the effective date of these regulations, and at least fifteen
clock hours within the second calendar year and each year thereafter. At
least five clock hours shall be in child growth and development and at
least five clock hours shall be in curriculum activities for children.
Training hours shall not include first aid and child-infant
cardiopulmonary resuscitation training.
- (3) All training shall be documented in the records of the operator,
director and each staff person and shall be maintained on file in the
- (4) The operator or director shall provide orientation for new staff,
volunteer(s) and emergency person(s) prior to their employment and shall
maintain documentation of the orientation on file in the facility.
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114-503. A. Staffing and Supervision.
- (1) Each center shall have a director or designated staff person
acting in the director's role on the premises during all hours of
- (2) The number of children supervised by one child day care staff
member at any one time shall not exceed the following ratios, taking
into account the methods and conditions cited in (3) through (8) below:
|Age of Children||Staff:Child||Staff:Child||Staff:Child|
|Birth to 1 year||1:7||1:6||1:6|
|1 to 2 years||1:7||1:6||1:6|
|2 to 3 years||1:11||1:10||1:10|
|3 to 4 years||1:14||1:14||1:13|
|4 to 5 years||1:19||1:19||1:18|
|5 to 6 years||1:23||1:22||1:21|
|6 to 12 years||1:25||1:24||1:23|
- (3) Adequate supervision and ratios stated above shall be maintained
at all times;
- (4) In determining staff to child ratios, the following shall apply:
- (a) Volunteers may work under supervision with the children and
shall be counted in the staff to child ratios if all staff
requirements, with the exception of training requirements, are met
in accordance with Department of Social Services Day Care Center
Regulations, and actual hours with the children are documented.
- (b) If the center serves drop-in children, the director shall
provide sufficient staff to meet the minimum staff to child ratios
necessary for the regular enrollment plus the number of drop-ins
present at any one time;
- (c) Service staff such as cooks and janitors may be counted in
the staff to child ratios only during the time they are giving full
attention to the direct supervision of the children. Service staff
shall meet the same training requirements as caregivers.
- (5) During overnight sleeping periods, the following shall apply:
- (a) One staff person shall be awake and alert in each sleeping
area at all times;
- (b) At least two staff shall be on the premises at all times;
- (c) The same staff to child ratios applied for naptime care shall
apply for overnight care.
- (6) The director shall present written evidence that a plan has been
worked out whereby an additional outside person can be quickly summoned
to assist in an emergency. This emergency person shall meet all staff
requirements in accordance with Department of Social Services Day Care
Center Regulations with the exception of training requirements.
- (7) No center shall operate unless at least two staff persons are on
the premises at all times when enrollment reaches nine or four or more
children are younger than two years old:
- (a) At least one person shall maintain supervision of the
children at all times;
- (b) A second person shall be immediately available.
- (8) No center director or staff person shall be on duty with the
children for more than twelve continuous hours on a regular basis.
- (9) A child who has spent twelve or more hours in the child day care
center shall not be also enrolled for overnight care, except in cases of
- (10) Staff-to-child ratios shown below shall be maintained while
children are utilizing swimming pools:
|Age of Children||Staff:Child|
|Under 2 1/2 years||1:1|
|2 1/2 to 5 years||1:4|
|5 years and older||1:6|
- (11) A staff person included in staff to child ratios shall have
current life saving certification and shall constantly supervise the
- (12) During naptime, the following staff to child ratios shall be
|Age of Children||Staff:Child|
|Birth to 2 years||1:8|
|2 to 3 years||1:12|
|3 to 4 years||1:15|
|4 to 5 years||1:20|
|5 years and older||1:25|
- (13) A sufficient number of staff to meet staff to child ratios shall
be awake in the napping room(s) at all times.
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B. Elements of the Program.
- (1) A day care center serving children from birth to twenty four
months old shall comply with the following requirements:
- (a) During the day, staff shall periodically remove children from
cribs, playpens, feeding chairs or other equipment;
- (b) Staff shall have frequent verbal communication with the
- (c) Staff shall hold the children while they are feeding if the
children are unable to sit in a feeding chair or at the table;
- (d) Staff shall hold the children while they are drinking until
they are able to hold their own bottles. Bottles shall not be
propped at any time;
- (e) Each child shall receive daily personal contact and
attention, such as being held, sung to, rocked, taken on walks, etc;
- (f) Staff shall offer water to toddlers periodically and to
infants only upon the request of parent(s)/guardian(s).
- (2) The director shall provide the following types of equipment and
space for the children in attendance:
- (a) Indoor areas protected from general walkways, where crawling
children can be on the floor and explore for part of the day;
- (b) Feeding chairs, low chairs and tables or infant seats with
trays at mealtime;
- (c) Toys and materials which afford opportunities to learn
through seeing, feeling, hearing, smelling and tasting;
- (d) Chairs for staff to use when feeding, holding or playing with
- (3) Staff shall provide outdoor time for infants as feasible and when
the weather permits.
- (4) Staff shall provide appropriate attention to the needs of
children who are crying.
- (5) Napping or resting periods shall be appropriate to the individual
needs of the child.
- (6) The center director of a day care center serving children twenty
four months and older shall ensure that indoor periods include:
- (a) Opportunity for active and quiet activities;
- (b) Opportunity for individual and group activities;
- (c) Outdoor time each day as weather permits.
- (7) Staff shall provide opportunities for each child to ask questions
and engage in conversation with others.
- (8) Staff shall plan and provide daily age-appropriate activities in
accordance with the child's developmental level, such as stories, music,
art, cooking, living skills, puzzles, blocks, etc.
- (9) The director shall establish a general schedule of daily
activities for children two years and older.
- (10) Staff shall provide undivided attention to each child daily by
guiding his/her play with a variety of toys and activities.
- (11) Children shall be provided daily indoor opportunities for
freedom of movement.
- (12) Age-appropriate indoor and outdoor activities for school-age
children, such as art, music, stories, puppetry, science, dramatic play,
crafts, games, sports and real tasks such as cooking, sewing, or
woodworking shall be available.
- (13) Quiet areas with supervision shall be made available to children
desiring to be alone or to work on homework.
- (14) Age-appropriate radio and television and VCR tapes shall be used
only as a supplement and enhancement to the daily program. No child
shall be required to view television or VCR tapes. All video tapes shall
be previewed by the director and/or staff to ensure their
- (15) Staff shall assist children who display fatigue or anxiety from
separation of parent(s)/guardian(s) or household members.
- (16) Disciplinary practices shall be according to the following
definition and requirements and shall be described in the written
policies of the day care center:
- (a) The discipline practices which caregivers use with children
shall be consistent with this definition: "Discipline is
training that develops self-control, character and social competence";
- (b) No corporal punishment shall be used except when authorized
in writing by the parent(s)/guardian(s); corporal punishment shall
not exceed guidelines established in Section 20-7-490(c)(1)(a)
through (e) of the Code of Laws of South Carolina, 1976 amended;
- (c) Appropriate limits or rules shall be those necessary to
safeguard children and premises and shall be explained on the
child's level of understanding;
- (d) Staff shall not deprive children of food, liquids, naps or
- (e) Each child day care center has the option to prohibit
- (f) No verbal abuse, such as inappropriate language or abusive
voice commands, etc., shall be permitted;
- (g) No cruel, harsh or unusual punishment or treatment such as
washing a child's mouth with soap shall be permitted;
- (h) Unsupervised isolation shall not be allowed. The child shall
be in the same room within sight of staff and facing staff if
isolation from the group is used.
- (17) The operator or director shall furnish all staff members and
parent(s)/guardian(s) of enrolled children with a copy of the
disciplinary policies; review those policies with all staff and
parent(s)/guardian(s); and obtain from each staff member and
parent(s)/guardian(s), a signed, dated statement that he/she has read
and understands the policies and the consequences of violation of the
policies. Statements signed by staff and parent(s)/guardian(s) shall be
maintained on file in the facility and shall be reviewed, signed and
dated by each staff member and parent(s)/guardian(s) annually.
- (18) The day care center offering overnight care shall comply with
the following requirements:
- (a) The director shall make arrangements with
parent(s)/guardian(s) for night clothes;
- (b) Staff shall provide toys or books for quiet activities or for
the child to take to bed with him/her;
- (c) In consultation with parent(s)/guardian(s), staff shall give
special consideration to the child displaying unusual anxiety
symptoms or having difficulty making an adjustment to overnight
- (d) Records maintained for each child enrolled in overnight care
shall include information regarding family bedtime routines and
other information which would assist staff in providing a smooth
transition for the child.
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C. Space and Equipment.
- (1) The director shall provide at least thirty-five square feet of
indoor play space per child, measured by Department staff from wall to
wall. Department staff shall determine the total number of children to
be cared for in each room by measuring and computing the rooms
separately. Bathrooms, reception areas, isolation rooms, halls and space
occupied by cupboards, shelves, furniture and equipment which are
accessible to children for their use shall be allowable space. Kitchens,
storage rooms and storage cabinets used solely for or by staff shall be
excluded. Halls, although included in total indoor space, shall not be
used for activities or storage of furniture and equipment.
- (2) Space shall be provided to isolate a mildly-ill or injured child.
A bed, cot, mat or crib, and appropriate play equipment shall be
provided in the isolation space and disinfected following use by a child
who is ill.
- (3) The director shall provide at least seventy-five square feet of
outdoor play space per child. Where outdoor space is insufficient at the
center, the director and/or staff may take the children outdoors in
shifts or utilize parks or other outdoor play areas which meet safety
requirements and which are easily accessible.
- (4) The director and/or staff shall provide safe and appropriate
materials and equipment which allow for a variety of experiences and
which appeal to the individual interests and developmental levels of the
children in care.
- (5) The director and/or staff shall provide a sufficient quantity of
materials and equipment to avoid competition and waiting by the
- (6) The director and/or staff shall arrange protected areas free of
traffic by children and adults, where equipment and materials can be
used with minimal interference or interruption.
- (7) The director and/or staff shall store materials in an orderly
manner, accessible to children and arranged so that children may select,
remove and replace them either independently or with assistance.
- (8) The director and/or staff shall provide furniture which is
child-sized or appropriately adapted for the children's use.
- (9) The director and/or staff and/or parent(s)/guardian(s) shall
provide individual, comfortable and sanitary sleeping and resting
equipment which complies with the following requirements:
- (a) A separate bed, cot, crib or mat shall be assigned to each
child who takes a nap and shall be appropriately labeled for the
- (b) If the facility provides overnight care, an individual bed
with mattress shall be provided with the bed appropriate to the age
and size of the user;
- (c) Individual, clean linen shall be provided for each child in
- (d) Coverings, blankets or quilts shall be available, as
- (10) Each day care center shall have an operational telephone. An
unlisted telephone number shall be prohibited in a child day care
- (11) The following emergency numbers shall be posted by the
- (a) Ambulance service;
- (b) Police department;
- (c) Fire department;
- (d) Poison control center;
- (e) Central emergency number where applicable.
- (12) Other numbers available near the telephone shall include:
- (a) The number of each child's physician designated by the
- (b) Home and business numbers of the parent(s)/guardian(s) or
person(s) responsible for the children;
- (c) Emergency numbers to notify family and/or physician of staff
- (13) A vehicle shall be immediately accessible in case of an
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- (1) The director and/or staff shall have on file, in the facility,
written permission from parent(s)/guardian(s) for transporting children
to and from the home, school, or other designated places, including
center-planned field trips and activities. Written transportation plans
for routine travel shall be on file. Plans shall include a checklist to
account for the loading and unloading of children at every location.
- (2) When the facility provides transportation to and from the child's
home, the facility staff shall be responsible for picking the child up
and returning the child to a designated location according to the
written transportation plan. Requests for deviation from the regular
plan shall be made by parent(s)/guardian(s) in writing.
- (3) The driver of the transportation vehicle shall hold a valid
- (4) The driver shall not have been convicted of driving under the
influence (DUI) or other serious moving violations involving the use of
a motor vehicle.
- (5) The vehicle used for transporting children shall maintain safety
inspection standards set by the Division of Motor Vehicles of the South
Carolina Department of Highways and Public Transportation.
- (6) When children are being transported in vehicles, there shall be
sufficient space for children to be comfortably and safely seated. The
director and/or staff shall ensure children are restrained in seat belts
in accordance with the Child Passenger Restraint System law.
- (7) Child to staff ratios as cited in Regulation 114-503A(2) shall be
maintained in transporting children.
- (8) There shall be a plan of orientation prior to transporting
children for staff to follow, including the destination, route of
travel, approximate arrival and departure times, and an emergency plan
to be followed in cases of accidents, or severe weather alerts, etc.
- (9) Children shall board and leave the vehicle from the curb side of
the vehicle, onto the curb, or in a protected parking area or driveway.
- (10) Doors shall be locked at all times when the vehicle is moving.
The doors shall be opened and closed only by the driver or by another
- (11) Children shall never be left at the delivery site unless staff
are certain that a responsible person designated by the
parent(s)/guardian(s) is present to receive them.
- (12) Children shall never be left unattended in a vehicle.
- (13) Children being transported to and from the facility by
parent(s)/guardian(s) or other
- designated person(s) shall be accompanied into and out of the center
by parent(s)/guardian(s) or other person(s).
- (14) Staff shall not allow children to stand in a moving vehicle or
allow any part of the child's body to extend from windows.
- (15) No child shall be allowed to sit on the floor of a vehicle in
- (16) The director and/or staff of the center shall provide the driver
of the vehicle with a record which lists the name, address and telephone
number of the day care center as well as names of children being
- (17) Vehicles used for transporting children shall be equipped with
an operational ventilation and heating system.
- (18) The director and/or staff shall have provisions for emergency
medical care of children who may require treatment away from the day
care center, such as an arrangement with the emergency room at the
hospital or with the local health department or a local physician.
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Health, Sanitation and Safety.
114-504. A. Health Practices Regarding Children.
- (1) When used by the children in attendance, toilet articles
including such items as combs, brushes, toothbrushes, towels, and
washcloths shall be individually provided, plainly identified, stored
separately and maintained in a sanitary condition.
- (2) The director and staff shall follow good hygienic practices with
the children including the following:
- (a) Staff shall wash their hands with soap and warm running water
before food preparation or service and after assisting with
toileting, diapering or wiping noses and after exposure to blood or
blood containing body fluids;
- (b) Staff shall avoid contact with blood or blood containing body
fluids. Gloves shall be worn if there is contact with blood or blood
containing body fluids;
- (c) Surfaces contaminated with blood or blood containing body
fluids shall be cleaned with a solution of chlorine bleach and
- (d) Blood contaminated materials and diapers shall be discarded
in a plastic bag with a secure tie;
- (e) Facilities caring for infants shall provide a changing area
located within clear view of anyone entering the room;
- (f) The changing area shall include a surface with a clean,
seamless, waterproof and sanitary covering for each changing
- (g) Changing tables shall be sanitized after each use by washing
to remove visible soil followed by wiping with an approved
sanitizing solution (e.g. 1/4 cup of liquid chlorine bleach per 1
gallon of water) and/or disposable, non-absorbant paper sheets
approved for this purpose shall be used and shall be discarded
immediately after each diapering;
- (h) If disposable diapers are used, they shall be placed in a
covered, plastic lined container and disposed of daily;
- (i) Individual disposable wipes or a clean single cloth wipe
shall be used at each diaper change and shall be placed in a
plastic-lined, covered container and disposed of properly, out of
the reach of children;
- (j) Diapers and other wet or soiled clothing shall be changed
- (k) No child shall be left unattended while being diapered;
- (1) Faces and hands of children shall be thoroughly washed before
and after meals;
- (m) Hands of children shall be washed after toileting.
- (3) Staff shall be knowledgeable of routes of human immunodeficiency
virus (HIV) transmission and prevention and other communicable diseases.
- (4) The authority and procedures for administering medication to
children shall be clearly defined in policy and shall include the
- (a) Medication or special medical procedures shall be
administered to a child only when there is a written, signed and
dated request from the parent(s)/guardian(s);
- (b) Prescription drugs and other medications required by the
children shall be in the original containers and clearly labeled
with the child's name and dosage schedule and shall include written
directions for administering the medication;
- (c) Non-prescription medication may be administered to a child if
the dosage schedule is specified in writing by the
- (d) The time and dosage of all medication administered to
children shall be recorded by the director and/or staff with a copy
provided to the child's parent(s)/guardian(s);
- (e) All medication shall be kept in an area inaccessible to the
children, shall be stored in a separate location from toxic
chemicals and other harmful agents and shall be removed when no
- (5) During normal hours of operation there shall be no smoking or
consumption of alcoholic beverages in areas used by the children or in
the food preparation or storage areas. Smoking shall be permitted only
in designated smoking areas. Consumption of alcohol or use of other
non-prescription narcotic or illegal substances is prohibited on the
center premises. People who appear to be under the influence of alcohol
or other drugs shall not be in the center when children are present.
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B. Personal Health of Operator, Director and Staff.
- (1) The operator and/or director shall maintain the following records
in the center for herself/himself, staff, emergency person(s) and
- (a) Medical statements provided by the Department (DSS Form 2901)
verifying whether his/her health has caused any recent concern and
that his/her current health status is satisfactory. Medical
statements shall be updated as necessary;
- (b) A written statement from a physician or health resource
assessing the health and ability of the staff person to work with
children in areas such as ability to move quickly, to assist and/or
supervise young children, to lift children, equipment and supplies,
to hear and see at a distance for outdoor supervision or driving,
etc. The health assessment shall be completed three months prior to
employment or within the first month of employment and shall include
health history, physical exam, vision and hearing screening,
tuberculosis screening, and a review of immunization status. A new
health assessment shall be obtained by the operator, director and
staff at least every four years after the initial assessment;
- (c) Written evidence from a physician or health resource
attesting that each staff person is free from communicable
tuberculosis at the time of employment and subsequently according to
- (2) No person who is known to be afflicted with any disease in a
communicable form, or who is a known carrier of such a disease, or who
is afflicted with boils, infected wounds or sores, shall work in any
capacity in a day care center in which there is likelihood of such
person transmitting disease or infection to other individuals.
- (3) Any staff person, including the operator, director, emergency
person(s) and volunteer(s) who, upon examination or as a result of
tests, shows indication of a physical, emotional, or mental condition
which could be detrimental to the children or staff, or which would
prevent satisfactory performance of duties, shall not continue work at
the day care center until the condition is cleared to the satisfaction
of the examining licensed practicing medical doctor or health resource
and the Department.
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- (1) The operator/director shall provide premises which meet the
- (a) The premises shall be located in an area reasonably free of
safety hazards, such as deep, open drainage ditches, unprotected
wells, and other natural or man-made obstacles. If potential danger
by a street or highway traffic exists, outdoor play or recreational
areas shall be protected by fencing or safety barriers at least four
feet in height;
- (b) All water hazards such as pools, swimming pools, stationary
wading pools, fish ponds, etc., shall be protected from entry by
fencing at least four feet in height; entrances shall be protected
by self-closing gates, with latches that are positive acting and
which cannot be operated by children;
- (c) The area shall be properly drained;
- (d) Safe traffic entrances and exits, loading and unloading
areas, and other protection, where applicable, shall be provided;
- (e) Outdoor areas shall be kept neat, clean, and free of litter;
- (f) Measures to control insects, rodents, and other vermin shall
be taken to prevent harborage, breeding, and infestation of the
- (g) Healthy animals which present no apparent threat to the
health and safety of the children shall be permitted, provided they
are properly housed, fed and cared for, and have had required rabies
inoculations as appropriate. Live animals shall be excluded from
areas where food for human consumption is stored, prepared or
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- (1) All child day care centers shall comply with Code of Laws of
South Carolina, 1976, as amended 10-5-210 et seq., Chapter 10 of Title V
concerning barrier free design.
- (2) Buildings shall meet the following:
- (a) At least twenty foot candles of light shall be required on
all work surfaces in food preparation, equipment washing, utensil
washing, handwashing areas, and toilet rooms;
- (b) Adequate, safe lighting for individual activities, for
corridors, and for bathrooms shall be provided.
- (3) The walls of food preparation areas, walk-in refrigeration units,
equipment washing and utensil washing areas, and handwashing rooms or
areas shall have smooth, easily cleanable surfaces and shall be washable
up to at least the highest level reached by splash or spray. Concrete
blocks used for interior wall construction in these locations shall be
filled and finished to provide an easily cleanable surface.
- (4) Walls and ceilings shall be in good condition and clean.
- (5) To prevent lead poisoning in children, child day care centers
shall meet applicable lead base paint requirements, as established by
the South Carolina Department of Health and Environmental Control,
pursuant to South Carolina Code Annotated 44-53-1310 et seq., and
Regulation Number (61 through 85).
- (6) The ceilings of food preparation areas, walk-in refrigeration
units, equipment-washing and utensil-washing areas shall be smooth,
non-absorbent, and easily cleanable.
- (7) Floors shall have smooth, washable surfaces and shall be kept
clean, in good repair and free of hazards.
- (8) If carpeting is used, it shall be cleaned regularly and shall be
repaired or replaced, as needed.
- (9) Carpeting is prohibited in food preparation, equipment-washing
and utensil-washing areas, food storage areas, and toilet room areas
where urinals or toilet fixtures are located.
- (10) All possible safeguards shall be taken to prevent falls.
- (11) To prevent insects from entering buildings, operable windows,
doors, and other similar openings shall be protected by screening, or
shall otherwise remain closed.
- (12) Decals shall be applied to all clear glass doors or sliding
patio doors at eye level. The height at which decals are placed shall be
applicable to the average eye level of children being cared for in the
- (13) Where clear glass is used less than thirty-two inches above
floor level in exterior windows or doors, only safety glass shall be
- (14) Cleaning materials and supplies shall be inaccessible to
children. All toxic chemicals, medicine, and other harmful agents shall
be stored in a locked closet or cabinet used exclusively for this
- (15) Containers of poisonous materials shall be prominently and
distinctly marked or labeled for easy identification of contents.
- (16) Landings shall be provided beyond each exterior door and gates
beyond interior doors opening onto a stairway.
- (17) Handrails located not less than thirty inches nor more than
thirty-six inches from the floor or steps shall be provided on all steps
(two steps or more in height) and ramps with an incline or elevation of
more than twelve inches.
- (18) Traffic protection with side entrances, exits, loading and
unloading areas shall be provided where traffic density requires.
- (19) Outside stairs, walkways, ramps and porches shall be maintained
free from accumulation of ice, snow or water.
- (20) Construction, remodeling or alterations of structures during
child care operations shall be prohibited unless absolutely necessary
and in such a manner as to prevent hazards or unsafe conditions.
- (21) All interior and exterior areas shall be maintained in a safe
and clean condition. Cleaning shall be conducted when children are not
present or in such a manner as not to create a condition which might
result in an accident or cause harm to the health and safety of the
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- (1) To prevent injuries, all equipment used shall be maintained in
good repair and safe condition and shall meet applicable federal
requirements for construction and safety.
- (2) Indoor recreational equipment and furnishings shall be clean and
shall be of safe construction and free of sharp edges and loose or rusty
- (3) Toys which are placed in the mouths of children shall be washed,
rinsed and sanitized daily and more often if necessary.
- (4) Outdoor recreational equipment shall be made of durable,
non-rusting, non-poisonous materials, and be free of jagged edges, and
shall be sturdy.
- (5) Stationary outdoor equipment shall be firmly anchored and shall
not be placed on a concrete or asphalt surface. Cushioning material such
as mats, wood chips or sand shall be used under climbers, slides,
swings, and large pieces of equipment.
- (6) Swings shall be located to minimize accidents and shall have soft
and flexible seats.
- (7) Metal equipment, especially slides, shall be located in shaded
areas or otherwise shall be protected from the sun.
- (8) Outdoor play equipment shall be arranged so that children can be
seen at all times.
- (9) The height of any piece of playground equipment shall be
appropriate to the age of the child.
- (10) Cribs and playpens shall have slats spaced no more than two and
three-eighths inches apart from the inside of each slat and shall have
secure latching devices.
- (11) Mattresses shall be fitted in cribs so that no more than two
fingers can fit between the mattress and crib sides.
- (12) If mats or cots are used by the facility, they shall be made of
waterproof, washable material and shall be stored and handled in such a
manner to prevent contact with the sleeping surface and the floor.
- (13) If playpens are used, they shall have waterproof, washable,
comfortable pads. The sides shall remain latched as long as a child is
using the playpen.
- (14) Broken cots and torn mats shall be repaired or replaced.
- (15) If linen is provided, it shall be clean and provided on an
- (16) Placement of sleeping and napping equipment shall allow ready
access to each child by staff.
- (17) Seat heights of feeding chairs shall be appropriate to the age
and development of the child. Feeding chairs shall be in good repair and
children shall be constantly supervised.
- (18) If a swimming pool is part of the equipment of the center, it
shall be enclosed by fencing at least four feet in height. Swimming
pools located at the center or utilized by the center shall conform to
the rules and regulations promulgated by the South Carolina Department
of Health and Environmental Control for the construction, maintenance
and use of such equipment. The director shall ensure that the pool is
not accessible to the children except under close supervision by the
staff (Refer to Regulation Number 114-503A(10) and (11).
- (19) Safety barriers shall be placed around all heating and cooling
devices or other equipment accessible to children to prevent accidents
or injuries upon contact by the child.
- (20) All arts and crafts materials shall be nontoxic.
- (21) Poisonous or potentially harmful plants on the premises shall be
inaccessible to children.
- (22) No firearms or ammunition shall be kept in the center.
- (23) The indoor center temperature shall be maintained between
sixty-eight and eighty degrees Fahrenheit, as appropriate to the season.
- (24) First aid supplies shall be available for the treatment of minor
cuts and abrasions and shall be stored in a location inaccessible to the
- (25) Microwave ovens shall be inaccessible to children.
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114-504. F. Bathrooms.
- (1) The center shall have bathrooms in sufficient numbers to
accommodate staff and children. Bathroom facilities shall be provided at
a ratio of one toilet and lavatory for each twenty persons.
- (2) A handwashing lavatory with warm water shall be located in each
room where children are diapered.
- (3) If child-size toilets and lavatories are not installed, safe step
stools and/or seat adaptors shall be provided to allow standard-size
toilets and handwashing lavatories to be used.
- (4) Toilet training equipment shall be provided to children who are
being potty trained.
- (5) Bathroom facilities shall be completely enclosed.
- (6) Each bathroom shall have a window of not less than three square
feet of open space, or shall have approved mechanical ventilation to the
- (7) Bathrooms shall be clean and in good repair.
- (8) Water under pressure, soap, and individual towels shall be
provided. The water temperature shall not exceed one hundred and twenty
degrees Fahrenheit for showers, tubs, and lavatories.
- (9) Walls in toilet areas shall be of non-absorbent, washable
surfaces up to the highest level of splash.
- (10) Easily cleanable receptacles shall be provided for waste
material. Toilet rooms used by women shall be provided with at least one
covered waste receptacle.
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G. Water Supply.
- (1) The water supply shall meet applicable requirements of the South
Carolina Department of Health and Environmental Control.
- (2) Water shall be supplied from an approved source, in adequate
amounts, and under pressure (forty PSI recommended). If an individual
private well water supply is used, the operator shall obtain approval
from the South Carolina Department of Health and Environmental Control
to ensure safe location,construction, and proper maintenance and
operation of the system.
- (3) Drinking fountains, if provided, shall be of a sanitary angle-jet
design, properly regulated, and kept clean and maintained in good
working order. There shall be no possibility of mouth or nose becoming
- (4) Ice used for any purpose shall be made from water from an
approved source. The ice shall be handled and stored in a sanitary
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H. Waste Disposal.
- (1) Refuse shall be stored in watertight containers with
tight-fitting lids in designated areas in an approved manner.
- (2) Garbage and other putrid materials shall be stored in durable,
rust-resistant, non-absorbent, watertight, airtight, rodent-proof, and
easily cleanable containers.
- (3) All solid wastes shall be disposed of at sufficient frequencies
and in such a manner not to create a rodent, insect, or vermin problem.
- (4) Feces shall be disposed of through the sewerage system, and
soiled diapers shall be placed in a plastic-lined, covered, leakproof
container which shall be emptied and cleaned daily.
- (5) All sewerage and liquid waste shall be disposed of in such a
manner as not to create a public health hazard.
- (6) The method of disposal shall be approved by the local health
officials. Where public sewerage systems are accessible for use, this
shall be the method of disposal.
- (7) The use of lavatories, equipment and utensil-washing sinks, or
food preparation sinks for the cleaning of garbage and refuse containers
and the cleaning of mops or similar wet floor cleaning tools and for the
disposal of mop water or similar liquid waters is prohibited.
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I. Preparation, Serving, Storage of Food and Protection of Food Supplies.
- (1) If food is provided by the facility, daily menus shall be dated
and posted where they may be seen by the parent(s)/guardian(s). Menus
shall include a variety of foods.
- (2) The meal and snack patterns provided by the USDA Child Care Food
Program Guidelines shall be used in meal planning. Centers which do not
provide overnight care shall serve at least one meal and at least one
snack which meet USDA Child Care Food Program Guidelines. Centers
providing care between the hours of 6:00 a.m. and midnight shall
additionally meet USDA Child Care Food Program Guidelines in serving
dinner and at least one additional snack. Meal components and serving
sizes shall be in accordance with these guidelines.
- (3) Only Grade A pasteurized fluid milk and fluid milk products, or
Grade A pasteurized non-fat dry milk, or evaporated milk shall be used
for drinking purposes. Skim milk, low fat milk and reconstituted non-fat
dry milk shall not be used for drinking purposes by any child less than
twenty-four months old, except with the written permission of the
child's health care provider.
- (4) Regular meals and snacks with no more than four hours between
food services shall be provided during the period from 6:00 a.m. to 9:00
- (5) No child shall be deprived of a meal or snack if he/she is in
attendance at the time the meal or snack is served.
- (6) Food served shall be suited to the child's age and appetite.
Second portions shall be available.
- (7) Easily breakable dinnerware shall not be used.
- (8) Children shall not be forced to eat.
- (9) Food shall not be used as a punishment.
- (10) Children shall not be allowed in the kitchen except during
- (11) Potentially hazardous and perishable food provided by the
parent(s)/guardian(s) shall be refrigerated properly and shall be
protected against contamination.
- (12) Food brought into the center shall have a label showing the
- (13) Round, firm foods shall not be offered to children younger than
four years old. Examples of such foods include: hot dogs, grapes, hard
candy, nuts, peanuts, and popcorn. Hot dogs may be served if cut
lengthwise and quartered; grapes may be served if cut in halves.
- (14) Portions of food once served to an individual shall not be
- (15) Regulations for food service shall include the following:
- (a) Adequate handwashing facilities equipped with hot and cold
water under pressure, supplied through a mixing faucet, shall be
provided in the food preparation area;
- (b) Sanitary soap and towels shall be provided. Facilities in
operation before the effective date of these regulations shall not
be required to install an additional handwashing lavatory in the
food preparation area if, in the opinion of the health authority,
the existing handwashing facilities are adequate.
- (16) The operator shall provide refrigeration units and insulated
facilities, as needed, to ensure that all potentially hazardous foods
are maintained at forty-five degrees Fahrenheit or below, except during
- (17) Thermometers shall be placed in all cooling and warming units to
ensure proper temperatures. Hot food storage of all potentially
hazardous food shall be one hundred and thirty degrees Fahrenheit or
- (18) Containers of food shall be stored above the floor, on clean
surfaces, and in such a manner to be protected from splash and other
- (19) Food not subject to further washing or cooking before serving
shall be stored in such a manner to be protected against contamination
from food requiring washing or cooking.
- (20) Utensils, such as forks, knives, tongs, spoons, and scoops shall
be provided and used to minimize handling of food in all food
- (21) Single-service articles shall be stored at least six inches
above the floor in closed cartons or containers to protect them from
contamination and shall not be placed under exposed sewer lines.
- (22) Use of "common drinking cups" shall be prohibited.
Disposable cups, if used, shall be stored properly to prevent
- (23) Reuse of single service articles is prohibited.
- (24) The storage of food or food equipment, utensils, or
single-service articles in toilet rooms is prohibited.
- (25) No staff, while afflicted with any communicable disease or while
a carrier of such a disease or while afflicted with boils, infected
wounds, sores, or an acute respiratory infection shall work in any
capacity in a day care center in which there is a likelihood of such a
person contaminating food or food-contact surfaces with pathogenic
organisms, or likelihood of transmitting disease to other individuals.
- (26) Staff shall thoroughly wash their hands with soap and warm water
in an approved handwashing facility before starting work, during work as
often as is necessary to keep them clean, and after smoking, eating,
drinking, or using the toilet. Staff shall keep their fingernails clean
- (27) The outer clothing of all staff shall be clean. The director
shall ensure that food and food-contact surfaces are protected from
- (28) Staff shall neither use tobacco in any form while preparing or
serving food, nor while in areas used for equipment or utensil washing
or for food preparation. Staff shall use tobacco only in approved,
- (29) Potentially hazardous foods requiring cooking shall be cooked to
heat all parts of the food to a temperature of at least one hundred
forty degrees Fahrenheit, with the following exceptions:
- (a) Poultry, poultry stuffings, stuffed meats, and stuffings
containing meat shall be cooked to heat all parts of the food to at
least one hundred sixty-five degrees Fahrenheit with no interruption
of the cooking process;
- (b) Pork and any food containing pork shall be cooked to heat all
parts of the food to at least one hundred and fifty degrees
- (c) Rare roast beef shall be cooked to an internal temperature of
at least one hundred and thirty degrees Fahrenheit, and rare beef
steak shall be cooked to a temperature of one hundred and thirty
- (30) Potentially hazardous food such as meats, cooked rice, and
cream-filled pastries shall be prepared (preferably from chilled
products) with a minimum of manual contact and on surfaces with utensils
which are clean and sanitized prior to use.
- (31) Custards, cream fillings, or similar products which are prepared
by hot or cold processes shall be kept at safe temperatures except
during necessary periods of preparation and service.
- (32) If potentially hazardous foods which have been cooked and then
refrigerated are to be served hot, they shall be reheated rapidly to one
hundred and sixty-five degrees Fahrenheit or higher throughout before
being served or before being placed in a hot food-storage facility.
Steam tables, double boilers, warmers, and similar hot food holding
facilities are prohibited from use for the rapid reheating of
potentially hazardous foods.
- (33) Metal, stem-type, numerically-scaled indicating thermometers,
accurate to plus or minus three degrees Fahrenheit, shall be provided
and used to ensure that proper internal cooking, holding, or
refrigeration temperatures of all potentially hazardous foods are
- (34) Potentially hazardous foods shall be thawed as follows:
- (a) In refrigerated units at a temperature not to exceed
forty-five degrees Fahrenheit;
- (b) Under potable running water from the cold water supply with
sufficient water velocity to remove loose food particles;
- (c) In a microwave oven only when food will be immediately
transferred to conventional cooking equipment as part of a
continuous cooking process or when the entire, uninterrupted cooking
process takes place in the microwave oven;
- (d) As part of the conventional cooking process.
- (35) Baby formula, juice, and food served in a bottle shall be
prepared, ready to feed, identified, and packaged for single use for the
appropriate user. Any excess formula, juice or food shall be discarded
after each feeding. Formula, juice and food requiring refrigeration
shall be maintained at forty-five degrees Fahrenheit or below.
- (36) All food in day care centers shall be from a source approved or
considered satisfactory by the health authority and shall be clean,
unspoiled, free from contamination, properly labeled, and safe for human
- (37) The use of food in hermetically sealed containers that was not
prepared in a food-processing establishment is prohibited.
- (38) The use of home-canned foods is not allowed.
- (39) The following requirements shall be met when it is necessary to
provide meals through a catering service:
- (a) Catered meals shall be obtained from a food service
establishment approved by the South Carolina Department of Health
and Environmental Control;
- (b) If adequate cleaning and sanitizing equipment is not
available, only disposable eating and drinking utensils shall be
used to serve catered meals or food;
- (c) The procedures and equipment used to transport catered meals
shall be approved by the South Carolina Department of Health and
- (40) All food shall be protected against contamination.
- (41) All perishable fruits and vegetables shall be stored at
temperatures to protect against spoilage.
- (42) All raw fruits and vegetables shall be washed thoroughly before
being cooked, served, or placed in refrigerators.
- (43) All cleaning supplies, detergents, and other potentially
poisonous items shall be stored away from food items and shall be
inaccessible to children.
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Cleaning, Storage and Handling of Utensils and Equipment.
- (1) Tableware shall be washed, rinsed, and sanitized after each use.
- (2) After each use, all kitchenware and food-contact surfaces of
equipment shall be washed, rinsed and sanitized.
- (3) The cooking surfaces of cooking devices shall be cleaned as often
as necessary and shall be free of encrusted grease deposits and other
- (4) Non-food contact surfaces of all equipment, including tables,
counters, and shelves, shall be cleaned at such frequency as is
necessary to be free of accumulation of dust, dirt, food particles, and
- (5) Prior to washing, all equipment and utensils shall be rinsed or
scraped, and when necessary, presoaked to remove gross food particles
- (6) When manual dishwashing is employed, equipment and utensils shall
be thoroughly washed in a detergent solution which is kept reasonably
clean, and then shall be rinsed thoroughly of such solution.
- (7) Utensils shall be sanitized by one of the following methods:
- (a) Immersion for at least one minute in a clean solution
containing at least fifty parts per million of available chlorine as
a hypochlorite and at a temperature of at least seventy-five degrees
- (b) Immersion for at least one minute in a clean solution
containing at least 12.5 parts per million of available iodine and
having a pH no higher than 5.0 and at a temperature of at least
seventy-five degrees Fahrenheit;
- (c) Immersion for at least one minute in a clean solution
containing at least two hundred parts per million of quaternary
ammonium at a temperature of at least seventy-five degrees
- (8) Other chemical sanitizing agents may be used which have been
demonstrated to the satisfaction of the health authority to be effective
and non-toxic under use conditions, and for which suitable field tests
are available. Such sanitizing agents, in use solution, shall provide
the equivalent bactericidal effect for a solution containing at least
fifty parts per million of available chlorine at a temperature not less
than seventy-five degrees Fahrenheit.
- (9) A test kit or other device which accurately measures the parts
per million concentration of the solution shall be available and used.
- (10) Dishwashing facilities shall either consist of a
three-compartment utensil sink or an approved dishwashing machine. All
dishwashing machines shall be approved by the South Carolina Department
of Health and Environmental Control and shall meet applicable
- (11) Food-contact surfaces of cleaned and sanitized equipment and
utensils shall be handled in such a manner as to be protected from
- (12) Cleaned and sanitized utensils shall be stored above the floor
in a clean, dry location so that food-contact surfaces are protected
- (13) Clean spoons, knives, and forks shall be picked up and touched
only by their handles. Clean cups, glasses, and bowls shall be handled
so that fingers and thumbs do not contact inside surfaces or lip-contact
- (14) Dish tables or drain boards of adequate size to properly handle
soiled utensils, prior to washing, and for cleaned utensils following
rinsing and sanitizing shall be provided.
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K. Fire Safety.
Private and public child day care centers shall comply with the
regulations and codes of the State Fire Marshal.
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L. Care of Mildly-Ill Children.
- (1) Written policies shall include information regarding the care of
mildly-ill children, such as emergency procedures, inclusion and
exclusion of the child from the program, separation from the group,
requirements for notifying parents and health authorities and recording
information regarding the illness.
- (2) The center shall not be required to exclude from care a child
with minor illness unless one or more of the following conditions
- (a) The illness prevents the child from participating comfortably
in program activities;
- (b) Staff is unable to provide adequate care to mildly-ill
children without compromising the health and safety of the other
- (c) The child has any of the following conditions:
- (i) Fever (until medical evaluation indicates inclusion):
Temperature for children younger than four months old is greater
than or equal to one hundred and one degrees Fahrenheit rectal
(one hundred degrees Fahrenheit axillary). Temperature for
children four months old through twenty-four months old is
greater than or equal to one hundred and two degrees Fahrenheit
rectal (one hundred and one degrees Fahrenheit axillary).
Temperature for children twenty-four months old or older is one
hundred and two degrees oral or axillary;
- (ii) Symptoms of possible severe illness, such as unusual
lethargy, irritability, persistent crying, difficulty breathing,
or other unusual signs until medical evaluation indicates
- (iii) Uncontrolled diarrhea, increased number of stools,
increased stool water and/or decreased form that is not
contained by the diaper or toilet use; until diarrhea stops;
- (iv) Vomiting illness, two or more episodes of vomiting in
the previous twenty-four hours: until vomiting resolves or
physician determines it to be non-communicable and the child is
not in danger of dehydration;
- (v) Mouth sores with drooling unless a physician or health
official determines the condition as non-infectious;
- (vi) Rash with fever or behavior change: until a physician
determines that it is not a communicable disease;
- (vii) Purulent conjunctivitis (pink eye): defined as pink or
red conjunctiva with white or yellow eye discharge: until
evaluated and treated;
- (viii) Scabies, head lice or other infestation: until
twenty-four hours after treatment has been initiated;
- (ix) Tuberculosis: until physician or health official states
child can attend facility;
- (x) Impetigo: until twenty-four hours after initial treatment
has been initiated;
- (xi) Streptococcal pharyngitis: until twenty-four hours after
initial treatment, and no fever for twenty-four hours;
- (xii) Pinworm infection: until twenty-four hours after
- (xiii) Ringworm infection: until twenty-four hours after
- (xiv) Chicken pox: until six days after onset of rash or
until all lesions have dried and crusted;
- (xv) Pertusis: until five days of appropriate antibiotic
medication has been completed;
- (xvi) Mumps: until nine days after onset of parotid gland
- (xvii) Hepatitis A virus: until one week after onset of
illness or as directed by the health department when passive
antibody preparation has been administered to appropriate
children and staff in the program;
- (xviii) Abdominal pain: persistent or intermittent.
- (3) The center shall not be required to exclude from care a child
with respiratory illness symptoms of mild or moderate severity without
fever associated with the common cold, croup, bronchitis, pneumonia and
- (4) A child shall be excluded from the center if it has been
determined by the local health official or physician that the child is
contributing to the transmission of the illness during an identified
outbreak of any communicable illness at the facility.
- (5) Any child in attendance who becomes ill shall be isolated
promptly from the group, but shall have continuous supervision by a
- (6) The parent(s)/guardian(s) of the ill child shall be notified
immediately when a child has a fever or other symptoms requiring
exclusion from the program.
- (7) Prior to admitting a mildly-ill child in a child day care center,
a statement shall be obtained from the child's physician or health
resource indicating the nature of the child's illness and whether
attendance at the center is advised.
- (8) No furniture, fixtures, equipment or supplies designated for use
by mildly-ill children shall be shared with or used by children enrolled
in the day care program for well children. Indoor space utilized by the
mildly-ill child program shall be separate from space utilized by
children enrolled in the well-child program.
- (9) Toys, bedding, equipment and bathroom facilities used by an ill child or adult shall be cleaned and disinfected prior to use by another person.
- (10) Children with respiratory illness shall be cared for in a space separate from children with gastrointestinal illness to reduce the likelihood of disease transmission.
- (11) A handwashing sink shall be present in each child care room designated for mildly-ill children.
- (12) In centers providing care for mildly-ill children, there shall be a minimum of one toilet for every ten children in the space designated for use by ill children.
- (13) Children shall have access at all times to rest or nap areas without distraction or disturbance from other activities.
- (14) Disposable cups and plates shall be utilized for mildly-ill children and shall be disposed of after each use.
- (15) Meals shall be planned and prepared in accordance with the prescribed diet of the mildly-ill child.
- (16) Staff providing care for mildly-ill children shall receive training in/have knowledge of the following areas:
- (a) First aid and Infant/Child Cardiopulmonary Resuscitation (CPR);
- (b) Temperature taking;
- (c) Nutrition of ill children;
- (d) Recognition of illness signs and symptoms;
- (e) Administration of medication(s);
- (f) Emergency medical procedures.
- (17) The following ratios shall be maintained for mildly-ill
|Age of Child||Staff:Child|
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Fiscal Impact Statement:
The South Carolina Department of Social Services estimates that there will be no additional costs incurred by the State or its political subdivisions in complying with these regulations.
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