§ 1306.35 Family child care
(a) Grantee and
delegate agency implementation. Grantee and delegate agencies offering the
family child care program option must:
(1) Hours of operation. Ensure that the
family child care option, whether provided directly or via contractual
arrangement, operates sufficient hours to meet the child care needs of families.
(2) Serving children with
(i) Ensure the availability
of family child care homes capable of serving children and families
with disabilities affecting mobility as appropriate; and
(ii) Ensure that children with
disabilities enrolled in family child care are provided services which support
their participation in the early intervention, special education, and related
services required by their individual family service plan (IFSP) or individual
education plan (IEP) and that the child's teacher has appropriate knowledge,
training, and support.
(3) Program Space-indoor and outdoor.
Ensure that each family child care home has sufficient indoor and outdoor space
which is usable and available to children. This space must be adequate to allow
children to be supervised and safely participate in developmentally appropriate
activities and routines that foster their cognitive, socio-emotional, and
physical development, including both gross and fine motor. Family child care
settings must meet State family child care regulations.
(4) Policy Council role. The
Policy Council must approve or disapprove the addition of family child care as a
Head Start or Early Head Start program option. When families are enrolled in the
Head Start or Early Head Start family child care program option, they must have
proportionate representation on the Policy Council or policy committee.
(b) Facilities. (1) Safety Plan.
Grantees and delegate agencies offering the family child care program option
must ensure the health and safety of children enrolled. The family child care
home must have a written description of its health, safety, and emergency
policies and procedures, and a system for routine inspection to ensure ongoing
(2) Injury prevention. Grantee and
delegate agencies must ensure that:
(i) Children enrolled in the Head Start
family child care program option are protected from potentially hazardous
situations. Providers must ensure that children are safe from the potential
hazards posed by appliances (stove, refrigerator, microwave, etc). Premises must
be free from pests and the use of chemicals or other potentially harmful
materials for controlling pests must not occur while children are on premises.
(ii) Grantee and delegate agencies must
ensure that all sites attended by children enrolled in Head Start and Early Head
Start are equipped with functioning and properly located smoke and carbon
(iii) Radon detectors are installed in
family child care homes where there is a basement and such detectors are
recommended by local health officials;
(iv) Children are supervised at all
times. Providers must have systems for assuring the safety of any child not
within view for any period (e.g. the provider needs to use the bathroom or an
infant is napping in one room while toddlers play in another room);
(v) Providers ensure the safety
of children whenever any body of water, road, or other potential hazard is
present and when children are being transported;
(vi) Unsupervised access by children to
all water hazards, such as pools or other bodies of water, are prevented by a
(vii) There are no firearms or other
weapons kept in areas occupied or accessible to children;
(viii) Alcohol and other drugs are not
consumed while children are present or accessible to children at any time; and
(ix) Providers secure health
certificates for pets to document up to date immunizations and freedom from any
disease or condition that poses a threat to children's health. Family child care
providers must ensure that pets are appropriately managed to ensure child safety
at all times.
(c) Emergency plans. Grantee and
delegate agencies offering the family child care option must ensure that
providers have made plans to notify parents in the event of any emergency or
unplanned interruption of service. The provider and parent together must develop
contingency plans for emergencies. Such plans may include, but are not limited
to, the use of alternate providers or the availability of substitute providers.
Parents must be informed that they may need to pick the child up and arrange
care if the child becomes ill or if an emergency arises.
(d) Licensing requirements. Head
Start programs offering the family child care option must ensure that family
child care providers meet State, Tribal, and local licensing requirements and
possess a license or other document certifying that those requirements have been
met. When State, Tribal, or local requirements vary from Head Start
requirements, the most stringent provision takes precedence.
45 CFR 1301-1311. Head Start Program Performance Standards and Other Regulations. 2006. English.