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H.812

Introduced by   Representatives Keenan of St. Albans City and Pugh of S. Burlington

Referred to Committee on

Date:

Subject:  Human services; family day care center; school-aged children;

               limitation increase

Statement of purpose:  This bill proposes to increase the number of school‑aged children, including preschoolers, that may be cared for in a family day care center.

AN ACT RELATING TO INCREASING THE NUMBER OF PRESCHOOL AND SCHOOL‑AGED CHILDREN IN A FAMILY DAY CARE CENTER

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  33 V.S.A. § 4902 is amended to read:

§ 4902.  DEFINITIONS

Unless otherwise specifically provided, the following words and phrases in this chapter mean:

(1)  Child:  a person under the age of eighteen 18 years committed by the juvenile court to the department of prevention, assistance, transition, and health access prior to April 14, 1974 and to the department of social and rehabilitation services thereafter, except that for the purpose of subchapter 1 of chapter 35 of this title, a child is a person under the age of sixteen 16 years.

(2)  Day care facility: any place operated as a business or service on a regular or continuous basis, whether for compensation or not, whose primary function is protection, care and supervision of children under sixteen years of age outside their homes for periods of less than twenty-four hours a day by a person other than a child's own parent, guardian or relative, but not including a kindergarten approved by the state board of education.

(3)  A family day care home: is a day care facility which provides for care on a regular basis in the caregiver's own residence for not more than ten children at any one time. Of this number up to six children may be provided care on a full-time basis and the remainder on a part-time basis.  For the purpose of this subdivision, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours a day.  These limits shall not include children who reside in the residence of the caregiver; except:

(A)  these part-time school-age children may be cared for on a full-day basis during school closing days, snow days and vacation days which occur during the school year; and

(B)  during the school summer vacation, up to 12 children may be cared for provided that at least six of these children are school age and a second staff person is present and on duty when the number of children in attendance exceeds six.  These limits shall not include children who are required by law to attend school (age 7 and older) and who reside in the residence of the caregiver.

(4)  Foster care: care of a child, for a valuable consideration in a child-care institution or in a family other than that of the child's parent, guardian or relative.

(5)(2)  Commissioner:  the commissioner of social and rehabilitation services for children and families.

(6)(3)  Day care facility:  any place operated as a business or service on a regular or continuous basis, whether for compensation or not, whose primary function is protection, care, and supervision of children under 16 years of age outside their homes for periods of less than 24 hours a day by a person other than a child's own parent, guardian, or relative, but not including a kindergarten approved by the state board of education.

(4)  Department:  the department for children and families.

(5)  Family day care home:  a day care facility which provides for care on a regular basis in the caregiver’s own residence for not more than 14 children at any one time.  Of this number, up to six children may be provided care on a full‑time basis and the remainder on a part‑time basis.  For the purpose of this subdivision, care of a child on a part‑time basis shall mean care of a school-aged child for not more than four hours a day.  These limits shall not include children who reside in the residence of the caregiver; except:

(A)  these part‑time school-aged children may be cared for on a full‑day basis during school closing days, snow days, and vacation days which occur during the school year; and

(B)  during the school summer vacation, up to 14 children may be cared for, provided that all of the children are of school age.  If there are more than six children and at least one is under school age, there shall be a second staff person on duty.  These limits shall not include children who are required by law to attend school (age seven and older) and who reside in the residence of the caregiver.

(6)  Foster care:  care of a child, for a valuable consideration in a child care institution or in a family other than that of the child's parent, guardian or relative.

(7)  School-aged child:  a child age four or older who attends preschool or public school and who attends a family day care home for less than four hours a day. 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us