# SISSETON-WAHPETON OYATE > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asisseton-wahpeton%3A87f275e1c7c8531c ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text SISSETON-WAHPETON OYATE CODES OF LAW CHAPTER 60 —Child Care Ordinance 60 INTRODUCTION A. 60.01 DE. A. D. Child Care is one form of care and protection for children whose parents must be away from them for part of the day. Social changes have encouraged an over increasing number of women to work, which means a great many children are in need of supplement parental care during the day. Some children require care outside their own homes because of family stresses other than the employment of the mother. Although generally for the care of infants and toddlers, child care may include preschool and after school care. In placing a child in a child care setting, the parent delegates responsibility for the care of the child to the caretaker and requires assurances the child’s need for safety and stimulating experiences are being met. Registering of the child care home or facility is intended to give the parent that assurance. Registering of the child care home is accomplished by establishing and assuring compliance with minimum standards of care, which are designed to reduce risks to children. Because these standards are required to be minimal requirements, they do not guarantee a quality program. However, progressive child care homes and centers are not satisfied with providing only a minimum quality of childcare, but are constantly striving to do a better job of serving the children entrusted to them. Furthermore, they recognize that child care is but one of the many programs committed to the purpose of preserving family life and promoting child development. FINITIONS ACF — Administration for Children and Families in the United States Department of Health and Human Services; Federal Agencies regulating the Child Care and Development Fund Program. Applicant — an individual, institution, or organization, which submits to the tribal office administering the Child Care and Development Fund an application for registration as provided in this Chapter; Child Care and Development Fund — the purpose of this program is to enhance the quality, affordability, and supply of child care available for all families and to afford parents a broad range of child care choices and services. Client — a child(ren) in receipt of service from the tribal office administering the Child Care and Development Fund; Amendment Passed November 5, 2014 1 Motion No. 45 Resolution No. SWO-14-112 H. ZEA Department — Tribal office administering the Child Care and Development Fund which issues registration for childhood care homes; Disinfection — means to eliminate virtually all germs from inanimate surfaces through the use of chemicals or physical agents after the surfaces have been cleaned. Family Child Care — the provision of regular care and supervision of no more than 10 children including the provider’s own children who are under the age of six years for part of a 24-hour period supplemental to regular parental care; NAEYC — National Association for the Education of Young Children. Contact: NAEYC for Child Development Associate Credential or NAEYC Accreditation, 1834 Connecticut Avenue, N.W., Washington, D.C. 20009-5786. Provider — an individual, institution, or organization providing any of the caregiver and child care services concerned in this Chapter. Registration — a document that certifies that a provider meets standards for providing child care services. This document must be posted in a visible location within the home. Infant — a child 0-12 months or who has not yet reached the steady walking stage. Toddler — a child between the ages of 13 months to 35 months. . Preschooler — a child between the ages of 3 years to 5 years. School-aged — a child 6 years and older. 60.2. PREVENTION AND CONTROL OF INFECTIOUS DISEASES The Sisseton-Wahpeton Oyate will require that all providers fulfill the health and safety requirements pursuant to tribal, state and federal law. A. B. Children receiving care shall be age-appropriately immunized in accordance with Indian Health Service (IHS) or the State Public Health Agency recommendations. 1. At 2 months: one(1) dose of diphtheria, pertussis, and tetanus (DPT), one (1) dose of Haemophilas Influenza type B (Hib), one (1) dose polio; 2. At 4 months: two (2) doses of DPT, two (2) doses polio, two (2) doses Hib; 3. At6 months: three (3) doses DPT, three (3) doses polio; three (3) doses Hib; 4, At12 to 15 months: four (4) doses DPT, three (3) doses polio; four (4) doses Hib, one (1) dose measies/mumps/rubella (MMR); 5. At 5 to 6 years: five (5) doses DPT, four (4) doses polio, four (4) doses Hib, two (2) doses MMR. Tribes may exempt from immunizations: 1. Children whose parents or guardians object to immunization on religious grounds and have submitted a written statement to the child care home provider, and/or Amendment Passed November 5, 2014 2 Motion No. 45 Resolution No. SWO-14-112 60.03 60.04 2. Children whose medical condition requires that immunization not be given and certification signed by a licensed physician has been provided to the family child care home provider. C. Caregiver shall collect immunization records from the family and maintain up-to-date records. D. Immunization records shall be made available for inspection by the Child Care Specialist during any home visit. EXCLUSIONS A. A child shall be excluded from the child care home with notification to the parent/guardian, pursuant to caregiver policy, if: 1. The child does not feel well enough to comfortably participate in the usual activities of the facility; 2. The caregivers cannot care for the sick child without interfering with the care of the other children; or 3. Keeping the child in care poses an increased risk to other children or adults in the child care facility, as determined by the caregiver or, if necessary, a local health official B. The family child care provider may temporarily exclude a child with a short-term contagious illness that cannot be readily accommodated, from participation in the program. This Temporary exclusion is only for that generally short-term period when keeping the child in care poses a significant risk to the health care and safety of the child or anyone in contact with the child. C. Children will not be allowed to attend child care until the infectious disease is no longer contagious. INFECTIOUS DISEASE CONTROL A. Standards (Universal) Precautions are followed when responding to and disinfecting after incidents involving blood or body fluids. Universal Precautions require using 1% to 2% cup bleach solution per 1 gallon of water solution. B. Children developing a communicable disease during the course of the day are isolated from other children until such time as the parent or guardian can take the child home, or the child is taken to a health care facility. Amendment Passed November 5, 2014 3 Mation No. 45 Resolution No. SWO-1 4-112 C. HANDWASHING 1. All caregivers, volunteers, and children shall was all parts of their hands for at least 10 seconds with soap and water and shall rinse them with water. If standing water is used to rinse hands, the water shall be fresh for each person and shall not be re-used. Running water is preferable. 2. Handwashing is required for staff and participants after toileting, diapering, cleaning, after attending ill children, before and after administering medication, before and after participation in moist play, after dealing with body fluids even though gloves are worn, before serving or preparing food, before and after eating meals and snacks, and after handling animals, animal waste, or animal cages. 3. A clean individual paper or cloth towel should be used for each child in the child care setting 60.05 HEALTH AND SAFETY TRAINING The Sisseton-Wahpeton Oyate will require that all providers fulfill the health and safety requirements pursuant to tribal, state and federal law. A. The Child Care and Development Fund will provide a minimum of two trainings per year. In addition, written health and safety tips will be given to providers upon approval of application services. B. The family child care provider and helpers must participate in a minimum of six (6) hours of training every year which shall be documented in their program file. The training must be obtained from at least two (2) of the following areas. 1. First response, including First aid and cardiopulmonary resuscitation (C.P.R.); mandated first year of registration and certification must remain valid; 2. Child growth and development; 3. Health and safety; 4. Infectious disease/prevention of communicable diseases; 5. Child abuse and neglect; Amendment Passed November 5, 2014 4 Motion No. 45 Resolution No. SWO-14-112 6. Planning learning activities; 7. Communication and relations with families; 8. Food handling techniques; 9. Guidance and discipline techniques; 10. Procedures in the event of fires or natural disasters; 11. Meal planning and nutrition education. 60.06 STAFF/OPERATOR QUALIFICATIONS A. B. my Operator — the operator of a family child care home must be at least 18 years of age. The operator may not have on record a substantiated report of child abuse or neglect. Family Day Care Workers — Helpers 14 years of age and older may volunteer to assist with the care of children; provided such helpers are under the direct and constant supervision of the operator. A helper who is under the age of 18 may not be left alone on the premises with children in care. Al! family day care home helpers must meet the same registration requirements as an operator of a family day care home; such as TB, Physical, CA/N Screening, Background check, Drug-Free Workplace, and Three (3) letters of References to be kept on file with operator of the home. Family Child Care Registration) is to be completed and on file with the tribal office administering the Child Care and Development Fund. Registration is to facilitate not to impede parental choice. The tribal office administering the Child Care and Development Fund program will maintain the following records for each registered caregiver, provider, employee, or volunteer. The record must include: Registration form; Training, experience; Records of TB tests and physical evaluation prior to contact with children; Child abuse/neglect screening results completed for an applicant and family members 10 years of age and older or any other individual who is living in the home may not have a substantiated record of child abuse/neglect. 5. Drug-Free Workplace Agreement; BeNr Amendment Passed November 5, 2014 5 Motion No. 45 Resolution No. SWO-14-112 a ° W-9 Federal Income Tax Form; Three (3) letters of reference which are either documented conversations or in letter form which include an individual’s character, emotional stability, and competence; Home Inspection; and Mandatory Reporter form signed stating the caregiver understands the requirements of Chapter 38, Section 38-30-01 regarding reporting suspected child abuse/neglect. 60.07 BACKGROUND CHECKS A. Employment or character references shall be completed for all caregivers in accordance with the Sisseton- Wahpeton Oyate’s personnel policies applicable laws pertaining to positions having regular contact with children. B. A member of a family child care staff, and members of a household, shall not be addicted to drugs, a chronic alcoholic, known to have abused children or have been found guilty of immoral conduct involving children. a. Each registered Day Care Provider or operator shall consent to an inspection by the Tribal Law Enforcement. The Law Enforcement Officer will inspect the premises for the purpose of determining whether the Day Care is complying with the drug free provision of this Code. The Law Enforcement will utilize reliable and commonly used chemical testing equipment to determine whether there is a violation. 60.08 CHILDREN’S RECORDS A. The following individual records shall be kept for all children and be subject to review by Child Care and Development Fund during home visit. 1. Name, address, sex, and date of birth; 2. Dates of admission; 3. Date of Termination; 4. Names of parents or guardians, and their home and work addresses and telephone numbers. 5, Name, address and telephone number of two emergency contact persons; 6. Permission ships for emergency transport to health care facility for the provision of emergency care, signed by parents or legal guardians; 7. Permission for emergency treatment; 8. A hospital and physician of choice as designated by parents or legal guardians; 9. Name and telephone number of family physician or pediatrician; Amendment Passed November 5, 2014 6 Motion No. 45 Resolution No. SWO-14-112 60.09 60.10 10. A report by the parents or the physician noting history of immunization, susceptibility to illness, including allergies, and special requirements for health and maintenance; 11. A record of medication requested by the parent and administered by the child care home; 12. Information on the child’s development, health and behavioral status, especially health since the child’s last day of attendance; 13. After a child is identified with special needs a plan should be developed by the child’s physician, including allergies; and 14. Any illnesses or injuries of the child. CONFIDENTIALITY The files and records compiled by the family child care operator shall be kept confidential. The files and records maintained in the tribal office administering Child Care and Development Fund on the family child care operator shall be kept confidential. Except as provided in Subsection C, no information may be released from the files or records to anyone outside of the registered home unless written authorization for the release of such information is obtained from the parties that may be affected. (May include the registering department, the family child care operator, and the legal representative of the parties.) The family child care operator shal! make its files and records available for inspection by the registering department. The family child care operator shall maintain if confidence all information concerning an enrolled child. The child’s life, or that of the child” family, may not be shared with unauthorized individuals. CAREGIVER POLICIES AND/OR PARENT HANDBOOKS . Policies shall be developed and given to each parent or guardian upon the child’s admission, these written policies must also submitted to the Child Care and Development Fund Office within 90 days of initial registration. The policies shall contain the facility’s procedures regarding: 1. Guidelines for caregiver exclusion for illness and subsequent return to work; 2. Information on the major occupational health hazards for caregivers; Caring for young children does require lifting in excess of 10 pounds, bending, stooping, crawling and carrying; Stress management techniques; Utilization of helpers; Enrollment of children; Exclusion of ill child and/or plan for caring of an ill child; Dismissal of child due to health reasons; I AWRY Amendment Passed November 5, 2014 7 Motion No. 45 Resolution No. SWO-14-112 8. Inclusion of child; American with Disabilities Act (ADA) P.L. 99-457 (birth to age 3) and Public Law 94-142 (3-5 years) 9, Medical emergency; 10. Hours of operation; 11. Fees charged; 12. Refunds; 13. Penalty fees; 14. Termination of slot or withdraw of slot; 15. Emergency procedures; 16. Transportation of children; Child safety seats, fitted for the child’s weight and height must be used. 17. Discipline; 18. Naptime/Quiet-time; 19. Hand washing; 20. Toileting/ diaper check; 21. Sanitation; 22. Nutrition; 23. Storage of foods; 24. Reporting child abuse/neglect; 25. Confidentiality; 26. Alcohol/smoking; 27. Plan for daily activities schedule, i.e. schedule; including the general goals for the children’s development and learning, and the experience through which they will achieve those goals; i.e. written lesson plans or child portfolios. B. All staff, including volunteers, shall be trained in the importance and implementation of program operations and polices. 60.11 STAFF/CHILD RATIO A. A family day care provider may care for a maximum of 10 children, which number includes the provider’s own children, who are under the age of six years. B. Age restrictions are as follows: 1. Total children under school age shall not exceed 6 children; 2. Total infants and toddlers of the total children under school age shall not exceed a combined total of 3 infants and/or toddlers; of this total no more than two shall be infants. 60.12 GUIDANCE AND DISCIPLINE A. Daily routines shall be established to allow children to develop expectations and feel secure at the child care facility. Amendment Passed November 5, 2014 8 Motion No. 45 Resolution No. SWO-14-112 B. Caregivers shall model respect for the feelings and rights of others, and provide an environment that respects gender, culture, ethnicity, family composition, and the social, emotional, cognitive and development needs of the individual child. C. Caregiver shall give each child guidance, which helps the child acquire a positive selfconcept, self-control, and teaches acceptable behavior. D. Discipline used by caregivers must be constructive, positive, and suited to the age and development level of the child. Methods of intervention, guidance, and redirection must be used. E. No child shail be subject to corporal punishment or emotional abuse. 1. “Corporal punishment” means the non-accidental infliction of physical pain on a child by a caregiver. Corporal punishment includes, but is not limited to, rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, spanking, or any other unusual physical punishment. 2. “Emotional abuse” means the infliction of verbal or psychological abuse on a child by a caregiver. Emotional abuse includes, but is not limited to, name calling, ostracism, shaming, derogatory remarks about the child or the child’s family, and threats which threaten, humiliate, or frighten the child. F. Food, light, warmth, clothing, and medical care shall not be withheld from the child. G. Absolutely no forcing of meals, snacks or naps. H. Discipline and punishment shall not be delegated to another child. 1. Separation of child from group activities. a. The separation of a child from a group to guide behavior must be appropriate to the age of the child and the circumstances requiring the separation. b. An infant shall not be separated from the group for disciplinary reasons. c.