Guam Administrative Code

§ 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. 37

§ 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. 38 (c) Storage spaces for oth…

§ 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…

§ 1110. Group Child Care Homes.

§ 1110.1. Group Child Care Homes. Applicability. All the rules and regulations of this Chapter are applicable to Group Child Care Homes, except for § 1109.3 - § 1109.5, et seq. All Group Child Care Homes shall comply with the following: (a) Requirements for Group Child Care Home …

§ 1111. Reporting Requirements.

§ 1111.1. Reporting Child Abuse and Neglect. (a) Pursuant to the Child Abuse and Neglect Reporting Act (Title 19 GCA, Chapter 13, Article 2 §13201), a person required to report suspected child abuse or neglect is defined as: “Any person who in the course of his or her employment,…

§ 1111.2. Reporting Licensing Complaints. (a) The child care facility shall provide written information detailing the steps to report any licensing, health, and safety violations against a child care facility at the time of admission, to the child’s parent or guardian, and to pot…

§ 1112. Display of Documents.

§ 1112.1. General. The following documents shall be posted in a prominent and conspicuous location, as designated by the Director, to be viewed by the public at all times in the child care facility: (a) License to Operate a Child Care Facility; (b) Sanitary Permit; (c) Copy of He…

§ 1113. Records Open to the Public

§ 1113.1. Public Documents. (a) The Division’s licensing records are considered open records and are available to the public. (b) Responses to requests for records are conducted by the Division in conformance with the guidelines of the Sunshine Reform Act of 1999 (Title 5 GCA, Ch…

§ 1114. Transportation Provisions.

§ 1114.1. General. When transportation is provided by a child care facility, children shall be protected by adequate supervision, safety precautions, and liability and medical insurance coverages, as follows: (a) The vehicle and driver providing transportation shall be in complia…

§ 1115. Communication Between Parents and Early Childhood Providers. 49

§ 1115.1. General. (a) Early childhood providers shall communicate and maintain an open door policy with parents or guardians including, but not limited to, the following information: (1) information and instructions related to the child; and (2) health, safety, child development…

§ 1116. Parental Accessibility.

§ 1116.1. General. (a) During the hours of operation, a child care facility shall allow access by parents or guardians having legal custody of a child in care to those areas of the child care facility that is licensed for child care. This is to allow parents or guardians the oppo…

§ 1116.2. Refraining from Releasing Children to Family. (a) If a parent or authorized person is found to be behaving in a way that impairs that person’s ability to care for the child (i.e., drunken behavior, belligerent), or lacks suitable equipment (i.e., an appropriate child pa…

§ 1117. Non-Discrimination.

§ 1117.1. General. (a) A child care facility shall not discriminate against any 50 person on the grounds of race, color, national origin, age, sex, religion or disability in admission to, participation in, or receipt of the services and benefits of any of its programs and activit…

§ 1118. Denial, Suspension, or Revocation of License.

§ 1118.1. Denial, Suspension, or Revocation of License. (a) The Department may suspend any license to operate a child care facility under, but not limited to, the following conditions: (1) (A) Any environmental health violation under Title 10 of the Guam Code Annotated, Chapters …

§ 1118.2. Effect. (a) (1) Upon suspension or revocation, the licensee shall immediately return the license to the Division, and the licensee shall immediately cease all operations. (2) The licensee must provide its roster of enrolled children and emergency contact numbers to the …

§ 1118.3. Suspension in an Emergency. (a) (1) The Department may suspend any license without a prior hearing if failure of the licensee to comply with any these rules and regulations results in an emergency situation which endangers the life, health, or safety of the children or …

§ 1118.4. Follow-up to Enforcement Action. (a) Upon the expiration of the timeframe(s) prescribed in a corrective action plan for compliance, inspection report, or notice of adverse action, the Division staff will determine compliance by visiting the child care facility or progra…

§ 1119. Right to Appeal.

§ 1119.1. General. (a) Any child care facility receiving a notice indicating that the Director has initiated an action to deny, suspend or revoke its 54 license shall result in the licensee being informed of its right to appeal and the procedures to file an appeal. (b) Except for…

§ 1120. Hearing.

§ 1120.1. General. (a) Except for a suspension in an emergency as outlined in § 1118.3 of these rules and regulations, whenever a license is to be denied, suspended or revoked, the licensee shall be notified in writing through a Notice of Adverse Action by the Director ten (10) d…

§ 1121. Serving of Notices.

§ 1121.1. General. (a) A notice provided for in these rules and regulations is properly served when it is delivered (1) to the licensee or (2) to the person in charge of the child care facility, or (3) when it is hand-delivered, or (4) mailed to the licensee via first class mail,…

§ 1122. Severability.

§ 1122.1. General. If any phrase, clause, sentence, section, subsection, provision, or part of these rules and regulations or its applicability to any person or circumstance, if for any reason is held to be unconstitutional or invalid, the remaining portions of these rules and re…

§ 1123. Child Care Fund.

§ 1123.1. Child Care Revolving Fund; No Commingling. (a) As provided pursuant to § 2416 of Article 4 of Chapter 2, Division 1, Title 10, Guam Code Annotated, there is created, separate and apart from other funds of the government of Guam, a reserve fund known as the Child Care Re…

§ 1123.2. Expenditures from the Fund. (a) All proceeds from fees and fines collected pursuant to these rules and regulations shall be deposited into the Fund and shall be expended by the Department solely in support of the functions of the Division of Public Welfare of the Depart…

§ 1123.3. No Transfer Authority. The money placed in the Fund is not subject to any transfer authority of I Maga’lahen Guåhan [Governor of Guam].

§ 1124. Review.

§ 1124.1. General. 57 (a) The Department shall review and update these regulations as needed, but in no event longer than five (5) years after the date of the initial promulgation of these Rules and Regulations, and at a minimum of every five (5) years thereafter. (b) The DPHSS s…

§ 1201. Authority and Responsibility. (a) Program Authority and Coverage. The authority to formulate rules of procedures for investigations against individuals suspected of food Stamp Program abuse and misuse is derived from Public Law 15-35, specifically, Sections 9131 and 9132;…

§ 1202. Conducting the Investigation and Referral of Same. (a) Review and Designation. (1) IRSS Supervisor Reviews and Designates Investigations. All complaints received by the Investigative and Recovery Services Section shall be routed to the Investigative and Recovery Services …