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Division of Child Day Care Licensing and Regulatory Services
 [home]: www.state.sc.us/dss/cdclrs   dastagg@dss.state.sc.us 
[ This is part of an on-line collection of laws and regulations impacting child day care facilities ]

Logo 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
A. Definitions
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

114-501. Administration
A. Organization
B. Responsibilities of Center Director
C. Records

114-502. Personnel
A. Qualifications of the Center Director
B. Staff Qualifications
C. Training of Operator, Director and Staff

114-503. Program
A. Staffing and Supervision
B. Elements of the Program
C. Space and Equipment
D. Transportation

114-504. Health, Sanitation and Safety
A. Health Practices Regarding Children
B. Personal Health of Operator and Staff
C. Site
D. Facility
E. Equipment
F. Bathrooms
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 administration.
(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 regulation number(s).
(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 action.

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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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114-500. 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 license/approval.
(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. Administration.

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 the following:
(a) A statement of methods used to discipline children;
(b) A statement regarding the release of children to authorized person(s);
(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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114-501. 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 federal mandates.
(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 center.
(4) The center director shall be responsible for the following duties:
(a) Planning and administering the child care program;
(b) Ensuring compliance with regulatory and statutory requirements including appropriate staffing by monitoring daily program activities;
(c) Informing each employee upon employment of his/her duties including the statutory requirement to report suspected child abuse or neglect;
(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 staff;
(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 death;
(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) and (7);
(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 request.

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114-501. C. Records.

(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 children;
(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 health resource;
(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. Personnel.

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 requirements:
(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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114-502. 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 older.
(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 16-17-490.
(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 emergency person(s).

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114-502. 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 facility.
(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. Program.

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 operation.
(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:
09/01/9309/01/9409/01/95
Age of ChildrenStaff:ChildStaff:ChildStaff:Child
Birth to 1 year1:71:61:6
1 to 2 years1:71:61:6
2 to 3 years1:111:101:10
3 to 4 years1:141:141:13
4 to 5 years1:191:191:18
5 to 6 years1:231:221:21
6 to 12 years1:251:241:23
(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 special circumstances.
(10) Staff-to-child ratios shown below shall be maintained while children are utilizing swimming pools:
Age of ChildrenStaff:Child
Under 2 1/2 years1:1
2 1/2 to 5 years1:4
5 years and older1:6
(11) A staff person included in staff to child ratios shall have current life saving certification and shall constantly supervise the swimming activity.
(12) During naptime, the following staff to child ratios shall be maintained:
Age of ChildrenStaff:Child
Birth to 2 years1:8
2 to 3 years1:12
3 to 4 years1:15
4 to 5 years1:20
5 years and older1:25
(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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114-503. 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 children;
(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 the children.
(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 appropriateness.
(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 bathroom facilities;
(e) Each child day care center has the option to prohibit corporal punishment;
(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 care;
(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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114-503. 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 children.
(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 individual child;
(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 overnight care;
(d) Coverings, blankets or quilts shall be available, as necessary.
(10) Each day care center shall have an operational telephone. An unlisted telephone number shall be prohibited in a child day care center.
(11) The following emergency numbers shall be posted by the telephone(s):
(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 parent(s)/guardian(s);
(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 members.
(13) A vehicle shall be immediately accessible in case of an emergency.

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114-503. D. Transportation.

(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 driver's license.
(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 designated adult.
(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 use.
(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 transported.
(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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114-504. 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 water;
(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 process;
(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 immediately;
(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 following information:
(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 parent(s)/guardian(s);
(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 longer needed.
(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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114-504. 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 volunteer(s):
(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 state statute.
(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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114-504. C. Site.

(1) The operator/director shall provide premises which meet the following:
(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 premises;
(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 served.

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114-504. D. Facility.

(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 facility.
(13) Where clear glass is used less than thirty-two inches above floor level in exterior windows or doors, only safety glass shall be used.
(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 purpose.
(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 children.

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114-504. E. Equipment.

(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 points.
(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 individual basis.
(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 children.
(25) Microwave ovens shall be inaccessible to children.

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114-504. 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 outside.
(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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114-504. 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 submerged.
(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 manner.

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114-504. 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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114-504. 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 p.m.
(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 supervised activities.
(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 child's name.
(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 served again.
(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 preparation.
(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 above.
(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 contamination.
(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 preparation areas.
(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 contamination.
(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 and trimmed.
(27) The outer clothing of all staff shall be clean. The director shall ensure that food and food-contact surfaces are protected from falling hair.
(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, designated areas.
(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 Fahrenheit;
(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 degrees Fahrenheit.
(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 maintained.
(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 consumption.
(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 Environmental Control.
(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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J. 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 soil.
(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 other debris.
(5) Prior to washing, all equipment and utensils shall be rinsed or scraped, and when necessary, presoaked to remove gross food particles and soil.
(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 Fahrenheit;
(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 Fahrenheit.
(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 installation requirements.
(11) Food-contact surfaces of cleaned and sanitized equipment and utensils shall be handled in such a manner as to be protected from contamination.
(12) Cleaned and sanitized utensils shall be stored above the floor in a clean, dry location so that food-contact surfaces are protected from contamination.
(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 surfaces.
(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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114-504. 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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114-504. 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 exists:
(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 children;
(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 inclusion;
(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 initial treatment;
(xiii) Ringworm infection: until twenty-four hours after initial treatment;
(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 swelling;
(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 ear infection.
(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 staff person.
(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 children:
Age of ChildStaff:Child
2-24 months1:3
25-71 months1:4
72 months1:6

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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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