Chapter 1. Welfare Division

§ 1101. General Provisions.

§ 1101.1. Purpose. The purpose of these rules and regulations is to formulate standards for licensed child care facilities and group child care homes that will protect and promote the welfare and positive development of children being served. D IV . 1 - D IRECTOR OF P UBLIC H EAL…

§ 1101.2. Applicability. (a) These rules and regulations are applicable to the following child care licensees, public and private: (1) child care facilities; and (2) group child care homes. (b) These rules and regulations do not apply to Group Family Home, Family Child Care Home,…

§ 1101.3. Authority. The Guam Code Annotated authorizes the Department to adopt rules and regulations for licensing all child care facilities, to issue licenses, and to ensure that all provisions of § 2407 of Title 10 GCA, Chapter 2, Article 4 (Public Law 11-99) regarding licensi…

§ 1101.4. Title. These rules and regulations shall be known and may be cited as the “Rules and Regulations for Licensed Child Care Facilities and Group Child Care Homes.”

§ 1101.5. Definitions. Wherever the following words appear in these rules and regulations, they shall have the following definitions: (a) Appeal means a written, signed and dated statement requesting reconsideration or modification of a Departmental decision that negatively affec…

§ 1102. License to Operate a Child Care Facility.

§ 1102.1. License Required. (a) Any person, association, corporation, or partnership shall first obtain a license from the Department to operate a child care facility, providing services either with or without compensation. (b) Any person, association, corporation, or partnership…

§ 1102.10. Displaying License. The license shall be displayed at the child care facility in a prominent and conspicuous location as designated by the Director to be viewed by the public at all times.

§ 1102.11. Right of Entry, Inspection and Investigation. (a) In exercising its authority to license child care facilities, the Department’s designated personnel shall have the right of entry, inspection and investigation. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICE…

§ 1102.12. Inspection Frequency. An inspection of a child care facility shall be conducted at least once every twelve (12) months. Additional inspections shall be conducted as often as necessary for the enforcement of these rules and regulations.

§ 1102.13. Report of Inspections. (a) Whenever an inspection of a child care facility is made, identified deficiencies shall be recorded on the inspection report as approved by the Director or his/her authorized representative. The inspection report shall summarize the requiremen…

§ 1102.14. Posting. Copies of the most current inspection report shall be posted adjacent to the license in a prominent and conspicuous location as designated by the Director, or the Director’s authorized representative, to be viewed by the public at all times.

§ 1102.15. License Fees. (a) The Department shall charge non-refundable fees as prescribed by the Department for the following (Appendix C): (1) New License (2) Renewal License (3) Duplicate License (4) Amended License (5) Provisional License (New or Renewal) (b) Fee schedule ame…

§ 1102.2. Exclusions. (a) No license is required for the following: (1) For the care by a relative, with or without compensation, where the person furnishing such care does not regularly engage in such activity, and does not advertise or hold him/herself out as conducting a child…

§ 1102.3. Application for License. (a) The application to obtain a license or the renewal of a license shall be made on forms approved and supplied by the Department, and shall be completed and submitted within a minimum of sixty (60) business days prior to the proposed opening d…

§ 1102.4. Application Packet. (a) The application packet shall include, but is not limited to, the following: (1) An application form, which shall include information on owner or licensee. The following information shall be supplied to the Division: (A) The business name, mailing…

§ 1102.5. General Information Requirements. (a) Admission procedures shall require that sufficient information and instruction from the parents or guardians be furnished to enable the staff members to make decisions or act on behalf of the child. (b) The child care facility shall…

§ 1102.6. Issuance of License. (a) Upon completion of examination and satisfaction that the licensee and the child care facility has reasonably met all qualifications and standards prescribed for the specific category of child care facility, the Department shall issue a license. …

§ 1102.7. Effective Date of License. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 24 The effective date of a license shall be as follows: (a) License. (1) A license shall expire no later than two (2) years after the date of issuance. (2) When a license is issued af…

§ 1102.8. Changes to Operation of the Child Care Facility or Group Child Care Home. (a) The licensee must notify the Division in writing within twenty-four (24) hours or by the next working day, whichever comes first, of any significant changes planned in the operation of the chi…

§ 1102.9. Advertising. (a) A child care facility licensed by the Department may publish advertisements of the services for which it is specifically licensed. All advertisements shall include the child care facility’s license number. (b) All child care facilities that are required…

§ 1103. Organization.

§ 1103.1. General. (a) Each licensee which is a person, partnership, corporation, limited liability corporation, limited liability partnership, or association shall be organized according to its legal status as required by local law and applicable rules and regulations. (b) There…

§ 1104. Health and Safety.

§ 1104.1. General. (a) The requirements for sanitation, health and safety shall be adopted and in compliance with the Division of Environmental Health, Department of Public Health and Social Services’ applicable mandates and rules and regulations pertaining to child care faciliti…

§ 1105. Program Requirements.

§ 1105.1. General. (a) Child care facilities shall implement developmentally D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 29 appropriate practices. The Department has developed voluntary early learning guidelines that facilities may use as a guide in developing and…

§ 1106. Staff to Child Ratio. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 7

§ 1106.1. General. (a) The number of children per staff member shall not exceed: Age of Child Child:Staff Ratio Effective Date of Compliance For Existing Child Care Facilities Birth to 12 months 4:1 January 1, 2013 13 months to 2 years 7:1 January 1, 2013 13 months to 2 years 6:1…

§ 1106.2. Existing Child Care Facilities. All existing child care facilities currently in operation shall be required to come into compliance with § 1106.1 on the effective dates of compliance as stated in § 1106.1(a).

§ 1106.3. New Child Care Facilities . (a) A new child care facility is any person or entity that is issued a new license to operate a child care facility after the promulgation of these rules and regulations. (b) A new child care facility shall be required to come into compliance…

§ 1107. Admissions.

§ 1107.1. General. (a) Operators of child care facilities shall provide appropriate care to help the child grow and develop physically, mentally, socially, emotionally, and spiritually at his or her own pace, ensuring the child’s overall welfare.

§ 1107.2. Illness and Communicable Disease Control. (a) A general health screening and inspection shall be conducted daily on each child as soon as possible after the child enters the child care facility and whenever a change occurs while that child is in care. (1) Information on…

§ 1107.3. Immunizations. (a) All children attending a child care facility shall receive immunizations according to the Department’s requirements in conformity with the Advisory Committee on Immunization Practices (ACIP), U.S. Centers for Disease Control and Prevention (CDC), Depa…

§ 1107.4. Testing for Tuberculosis. No child shall be permitted to attend a child care facility unless they have on file with the Early Childhood Director of the child care facility a report of a Tuberculosis (TB) Skin Test result. (a) If the child is entering from the United Sta…

§ 1107.5. CPR and First Aid. (a) CPR. At least two (2) staff involved in providing direct care and education of children shall complete and maintain certification requirements in pediatric first aid, and safety and management of blocked airway and rescue breathing, including card…

§ 1107.6. Medication. No medication shall be given without the signed consent of a parent, and prescription drugs shall be given only when prescribed for a child by a licensed physician. (a) Prescription and non-prescription medication brought to the child care facility by the pa…

§ 1107.7. Food and Nutrition. (a) Food and Nutrition Policies and Plans. The facility shall have a food handling, feeding, and nutrition plan that addresses the following items and delegates responsibility for each: (1) food handling, preparation, and service; (2) staffing; and (…

§ 1108. Materials and Equipment. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 38

§ 1108.1. General. The selection, quantity, arrangement and use of available materials and equipment shall be age-appropriate, durable, meet the recommendations of the U.S. Consumer Product Safety Commission (CPSC), including the latest version of the CPSC Handbook for Public Pla…

§ 1108.2. Storage Spaces. (a) Storage spaces for individual storage of children’s clothing and personal belongings shall be available and labeled. (b) Storage spaces for accessible play materials and equipment used by the children shall be available. D IV . 1 - D IRECTOR OF P UBL…

§ 1108.3. Sleeping Equipment and Bedding. The following sleeping equipment shall be safe, sturdy, clean, age-appropriate and available: (a) an individual bed, cot, crib, sleeping bag, mat, or pad, for each child who rests; and (b) a clean sheet or cover to be used on the sleeping…

§ 1109. Personnel.

§ 1109.1. General. (a) There shall be a sufficient number of qualified staff to carry out the program of the child care facility at all times. (b) Child care facilities shall develop and record policies pertaining to personnel practices. (c) The child care facility shall ensure t…

§ 1109.2. Information on Current Staff Members Inclusive of Cooks and Maintenance Personnel. (a) The following information shall be supplied to the Division for all staff members: (1) name, date of birth, age, home address and telephone number; (2) education transcripts and/or Ea…

§ 1109.3. Responsibilities and Qualifications for Early Childhood Director. (a) Responsibilities of Early Childhood Director. There shall be a responsible Early Childhood Director, or their designee, in charge of the child care facility at all times during their hours of operatio…

§ 1109.4. Responsibilities and Qualifications for Early Childhood Assistant Director. (a) Responsibilities of Early Childhood Assistant Director. The Early Childhood Assistant Director shall be responsible and work with or alongside the Early Childhood Director to carry out the p…

§ 1109.5. Requirements of Staff Members. Each staff member shall be qualified through training, experience, skills, and education, as indicated in Guam’s Plan for Professional Development. (Appendix A). (a) Educational requirements of staff members shall be as follows (as referen…