Subchapter 2 - Drop-in Child Care Centers | Mille Lacs Band of Ojibwe

Part

A. Applicability
B. Special Definitions
C. Special Licensure Requirements
D. Special Staff Requirements
E. Special Health and Safety Requirements

PART A - APPLICABILITY

Section

1401. Applicability.

§ 1401. Applicability.

In addition to the provisions found in Subchapter I of this Chapter, the following sections are applicable to Subchapter 2: Drop-in Child Care Programs only.

Historical and Statutory Notes

Source:
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1401.

PART B - SPECIAL DEFINITIONS

Section

1402. Special Definitions.

§ 1402. Special Definitions.

(a) “Controlling individual” means a public body, governmental agency, business entity, officer, owner, or managerial official whose responsibilities include the direction of the management or policies of a drop-in child care program. For purposes of this subchapter, owner means an individual who has direct or indirect ownership interest in a corporation, partnership, or other business association issued a license under this subchapter. For purposes of this subchapter, managerial official means those individuals who have the decision-making authority related to the operation of the program, and the responsibility for the ongoing management of or direction of the policies, services, or employees of the program.
(b) “Drop-in child care program” means a nonresidential program of child care in which children participate on a onetime only or occasional basis up to a maximum of 90 hours per child, per month that provides care for children listed in the age categories defined above. A drop-in child care program must be licensed under Mille Lacs Band of Ojibwe Statutes governing drop-in child care centers.
(c) “Experience” for purposes of drop-in child care centers, includes paid or unpaid employment serving children as a teacher, assistant teacher, aide, or a student intern in a licensed child care center, or work as a student intern in a licensed center, a school operated by a state commissioner of education or by a legally constituted local school board, or a private school approved under rules administered by a state commissioner of education.
(d) “Interpretive guidelines” means a policy statement that has been published pursuant to this subchapter which provides interpretation, details, or supplementary information concerning the application of laws or rules. Interpretive guidelines are published for the information and guidance of consumers, providers of service, Band agencies, and others concerned.
(e) “Supervision” for purposes of drop-in child care centers, when a program staff person is within sight and hearing of a child at all times so that the program staff can intervene to protect the health and safety of the child. When an infant is placed in a crib room to sleep, supervision occurs when a staff person is within sight or hearing of the infant. When supervision of a crib room is provided by sight or hearing, the center must have a plan to address the other supervision component.

Historical and Statutory Notes

Source:
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1402.

PART C - SPECIAL LICENSURE REQUIREMENTS

Section

1403. Application for Licensure.
1404. Sanction Orders; Appeals.
1405. Requirements to Post Conditional License, Correction, or Sanction Order.
1406. Fine Schedule.
1407. License or Certification Fee.

§ 1403. Application for Licensure.

An individual, corporation, partnership, voluntary association, other organization or controlling individual that is subject to licensure under this subchapter must apply for a license. The application must be made on the forms and in the manner prescribed by the Band in Chapter 11, subchapter 1 of this Title. The Band will provide the applicant with instruction in completing the application and provide information about the rules and requirements that affect the applicant.

(a) An application for licensure must specify one or more controlling individuals as an agent who is responsible for dealing with the Band on all matters provided for in this subchapter and on whom service of all notices and orders must be made. The agent must be authorized to accept service on behalf of all of the controlling individuals of the program. Service on the agent is service on all of the controlling individuals of the program. It is not a defense to any action arising under this subchapter that service was not made on each controlling individual of the program. The designation of one or more controlling individuals as agents under this paragraph does not affect the legal responsibility of any other controlling individual under this chapter.
(b) An applicant or license holder must have a policy that prohibits license holders, employees, subcontractors, and volunteers, when directly responsible for persons served by the program, from abusing prescription medication or being in any manner under the influence of a chemical that impairs the individual’s ability to provide services or care. The license holder must train employees, subcontractors, and volunteers about the program’s drug and alcohol policy.
(c) An applicant and license holder must have a program grievance procedure that permits persons served by the program and their authorized representatives to bring a grievance to the highest level of authority in the program.

Historical and Statutory Notes

Source:
Band Ordinance 31-09, § 1, Exhibit A, § 1705.
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1403.

§ 1404. Sanction Orders; Appeals.

(a) In addition to making a license condition under section 955, the Band may suspend or revoke a license or impose a fine against a license holder who does not comply with applicable law or rule. When ordering sanctions authorized under this section, the Band shall consider the nature, chronicity, or severity of the violation of the law or rule and the effect of the violation on the health, safety or rights of the persons served by the program.
- (1) License suspension or revocation. The Band may act immediately to suspend or revoke a license if a license holder fails to comply fully with applicable laws or rules, the actions of other individuals or conditions in the program pose an imminent risk of harm to the health, safety, or rights of persons served by the program, if a license holder or an employee subject to a background study has a disqualification, if a license holder knowingly withholds relevant information from or gives false or misleading information to the Band in connection with an application for a license, in connection with the background study status of an individual, during an investigation, or regarding compliance with applicable laws or rules. A license holder who has had a license suspended or revoked must be given notice of the action by certified mail or personal service. If mailed, the notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state the reasons the license was suspended or revoked.
- (2) Fines. If the license holder is ordered to pay a fine, the notice must inform the license holder of the responsibility for payment of fines and the right to appeal. The license holder shall pay the fines assessed on or before the payment date specified. If the license holder fails to fully comply with the order, the Band may issue a second fine or suspend the license until the license holder complies. A license holder shall promptly notify the Band, in writing, when a violation specified in a sanction order to forfeit a fine is corrected. If upon re-inspection the Band determines that a violation has not been corrected as indicated by the order to forfeit a fine, the Band may issue a second fine. The Band shall notify the license holder by certified mail or personal service that a second fine has been assessed. The license holder may appeal the second fine as provided under this section.
(b) Appeal. Appeals must be made within five business days of receipt of a sanction.
- (1) An appeal hearing must be conducted by the Court of Central Jurisdiction within 30 calendar days, unless an extension is requested by either party and granted for good cause. The burden of proof under this section shall be limited to the Band’s demonstration that reasonable cause exists that the license holder’s actions or failure to comply with applicable law or rule poses, or the actions of other individuals or conditions in the program poses an imminent risk of harm to the health, safety, or rights of persons served by the program.
- (2) The Court shall issue findings of fact, conclusions, and a recommendation within ten (10) working days from the date of the hearing. The Band shall consider, but shall not be bound by, the recommendations of the Court. The Band’s final sanction order shall be issued within ten (10) working days from the Court’s recommendation and the appellant must be notified immediately of the Band’s final sanction order.
- (3) When a license holder appeals a suspension or revocation, the license holder continues to be prohibited from operation of the program. A timely appeal shall stay payment of the fine until the Band issues a final sanction order.

Historical and Statutory Notes

Source:
Band Ordinance 31-09, § 1, Exhibit A, § 1720.
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1404.

§ 1405. Requirement to Post Conditional License, Correction, or Sanction Order.

For license holders, upon receipt of any correction, order of conditional license, or sanction order issued by the Band under this subchapter, the license holder shall post the correction order, order of conditional license, or sanction order in a place that is conspicuous to the people receiving services and all visitors to the facility for two years. When the correction order, order of conditional license, or sanction order is accompanied by a maltreatment investigation memorandum, the investigation memoranda must be posted with the correction order, order of conditional license, or sanction order.

Historical and Statutory Notes

Source:
Band Ordinance 31-09, § 1, Exhibit A, § 1719.
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1405.

§ 1406. Fine Schedule.

(a) Fines shall be assessed as follows (subject to amendment by Band Ordinance):
- (1) The license holder shall forfeit $1,000 for each determination of maltreatment of a child for which the license holder is determined responsible for the maltreatment;
- (2) The license holder shall forfeit $200 for each occurrence of a violation of law or rule governing matters of health, safety, or supervision, including but not limited to the provision of adequate staff-to-child, and failure to submit a background study; and
- (3) The license holder shall forfeit $100 for each occurrence of a violation of law or rule other than those subject to a $1,000 or $200 fine above.
(b) For purposes of this section, “occurrence” means each violation identified in the Band’s fine order.
(c) When a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the program to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment.

Historical and Statutory Notes

Source:
Band Ordinance 31-09, § 1, Exhibit A, § 1721.
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1406.

§ 1407. License or certification fee

Drop-in center programs with a licensed capacity shall pay an annual nonrefundable license or certification fee based on the following schedule (subject to amendment by Band Ordinance):

Licensed Capacity License/Certification Fee
1-24 person: $225
25-49 persons: $340
50-74 persons: $450
75-99 persons: $565
100-124 persons: $675
125-149 persons: $900
150-174 persons: $1,050
175-199 persons: $1,200
200-224 persons: $1,350
225 or more persons: $1,500

Historical and Statutory Notes

Source:
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1407.

PART D - SPECIAL STAFF REQUIREMENTS

Section

1408. Staff Requirements.

§ 1408. Staff Requirements.

(a) A drop-in child care program must be operated under the supervision of a person qualified as a teacher, defined by 8 MLBS § 1214.
(b) A drop-in child care program must have at least two persons on staff whenever the program is operating.
(c) In a drop-in child care center, Children that are younger than age 2-1/2 must be in a separate group. This group must be cared for in an area that is physically separated from older children.
(d) A drop-in child care program must maintain a minimum staff ratio for children age 2- 1/2 or greater of one staff person for each ten children.
(e) The drop-in child care program will have additional staff on call as a mandatory condition of their employment. The minimum child-to-staff ratio may not be exceeded and no more children may be admitted to the Facility until additional staff has arrived.
(f) In a drop-in child care program, the minimum staff-to-child ratio for infants up to 16 months of age is one staff person for every four infants. The minimum staff-to-child ratio for children age 17 months to 30 months is one staff for every seven children.
(g) In drop-in care programs that serve infants and older children, children up to age 2- 1/2 may be supervised by assistant teachers, as long as other staff are present in appropriate ratios (see 8 MLBS § 1447 for qualifications).
(h) The minimum staff distribution pattern for a drop-in child care program serving children age 2-1/2 or greater is: the first staff member must be a teacher; the second, third, and fourth staff members must have at least the qualifications of a child care aide; the fifth staff member must have at least the qualifications of an assistant teacher; the sixth, seventh, and eighth staff members must have at least the qualifications of a child care aide; and the ninth staff person must have at least the qualifications of an assistant teacher (see 8 MLBS § 1447 for qualifications).
(i) A drop-in child care program may care for siblings 16 months or older together in any group, when the program is serving 20 children or less; however all staffing requirements of this sub-chapter must be maintained at all times. For purposes of this subdivision, sibling is defined as sister or brother, half-sister or half-brother, or stepsister or stepbrother.

Historical and Statutory Notes

Source:
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1408.

PART E - SPECIAL HELATH AND SAFETY REQUIREMENTS

Section

1409. Mandatory Reporting.
1410. Reporting Requirements.
1411. Additional Health and Safety Requirements.
1412. Facility Safety.

§ 1409. Mandatory Reporting.

The license holder must report neglect, physical or sexual abuse of children in the home, school, or community setting to Family Services.

Historical and Statutory Notes

Source:
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1410.
Band Ordinance 16-04, Title I, § 14.

§ 1410. Reporting Requirements.

(a) All licensed drop-in child care centers must develop policies and procedures for reporting suspected child maltreatment and must develop policies and procedures for reporting complaints about the operation of a child care program. The policies and procedures must include the telephone numbers of the local child protection agency for reporting suspected maltreatment and local law enforcement.
(b) The policies and procedures required in paragraph (a) must be made available upon request.
(c) Any reports of child abuse or neglect within the drop-in child care center must be submitted to the License holder for investigation.
- (1) The report must be compiled in a written statement which shall include:
  - (i) Name of the employee alleged to have committed the abuse or neglect;
  - (ii) Time and location of the observed abuse or neglect;
  - (iii) Exact eye-witness description of what actually occurred, hearsay is not admissible; and
  - (iv) Name, date and signature of the person making the report, unless good cause is shown for the reporter to remain anonymous.
- (2) The License Holder shall have discretion to terminate the alleged perpetrator’s employment immediately.
- (3) The License Holder shall inform local law enforcement and comply with any investigation of criminal charges arising from the matter.
(d) A child care license must include a statement that informs parents who have concerns about their child’s care that they may call the Child Care Licensing Committee. The Band shall print the telephone number for the Band in bold and in large font on the license issued to the child care providers.

Historical and Statutory Notes

Source:
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1411.
Band Ordinance 16-04, Title I, § 14.

§ 1411. Additional Health and Safety Requirements.

(a) A license holder for a drop-in center program will not administer medicine.
(b) The indoor space and equipment of the center must be clean and disinfected daily and as needed.
(c) The toilet rooms of the center must be cleaned daily. Toilet training chairs must be emptied, washed with soap and water, and disinfected after each use. Toilets and seats must be washed with soap and water and disinfected when soiled or at least daily.
(d) A diaper must be changed only in the diaper changing area. The diaper changing area must be separate from areas used for food storage, food preparation, and eating. The area must have a hand sink equipped with hot and cold running water within three feet of the diaper changing surface, a smooth nonabsorbent diaper changing surface and floor covering, and a sanitary container for soiled and wet diapers.
(e) The center must have and follow diaper changing procedures that have been developed in consultation with a health consultant. The license holder must post the diaper changing procedures in the diaper changing area.
(f) A child’s hands must be washed with soap and water after a diaper change, after use of a toilet or toilet training chair, and before eating a meal or snack. Staff must monitor hand washing and assist a child who needs help. The use of a common basin or a hand sink filled with standing water is prohibited.
(g) A staff person must wash his or her hands with soap and water after changing a child’s diaper, after using toilet facilities, and before handling food or eating.
(h) The license holder shall provide the following supplies and make them accessible to children: toilet paper, liquid hand soap, facial tissues, and single use paper towels or warm air hand dryers.
(i) The license holder must ensure that a first aid kit is available within the center. The kit must contain sterile bandages and Band-Aids, sterile compresses, scissors, an ice bag or cold pack, an oral or surface thermometer, and adhesive tape. A current first aid manual must be included. The first aid kit and manual must be accessible to the staff in the center.
(j) Sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children.
(k) The center must have a battery operated flashlight and battery operated portable radio.
(l) Equipment and furniture must be durable, in good repair, structurally sound and stable following assembly and installation. Equipment must be free of sharp edges, dangerous protrusions, points where a child’s extremities could be pinched or crushed, and openings or angles that could trap part of a child’s body. Tables, chairs and other furniture must be appropriate to the age and size of children who use them. Toys and equipment that are likely to be mouthed by infants and toddlers must be made of a material that can be disinfected. These must be cleaned and disinfected when mouthed or soiled and at least daily.
(m) Infant rattles must meet the United States consumer product safety standards contained in the Code of Federal Regulations, title 16, sections 1510.1 to 1510.4, as adopted on May 23, 1978. All toys and other articles intended for use by children under three years of age that present choking, aspiration, or ingestion hazards because of small parts must meet the size standards in Code of Federal Regulations, title 16, sections 1501.1 to 1501.5, as adopted on June 15, 1979.
(n) The areas used by children must be free from debris, loose flaking, peeling, or chipped paint, loose wallpaper, or crumbling plaster, litter, and holes in the walls, floors, and ceilings. Rugs must have a nonskid backing or be firmly fastened to the floor and be free from tears, curled or frayed edges, and hazardous wrinkles.
(o) Food and water must meet and comply with IHS standards.
(p) Any play equipment that has tubing, tunnels or otherwise prevents monitoring and observation of activity occurring inside the structure must have walls that are partially or completely transparent, or allow for surveillance of the structure’s interior.

Historical and Statutory Notes

Source:
Band Ordinance 31-09, § 1, Exhibit A, § 1734.
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1412.
Band Ordinance 16-04, Title I, § 14.

§ 1412. Facility Safety.

(a) If the Band has reasonable cause to believe that a potential hazard exists, the Band may request another inspection and written report by a fire marshal, building official, or health authority to verify the absence of hazard, the fees for which the license holder is responsible.
(b) Radiators, fireplaces, hot pipes, and other hot surfaces in areas used by children must be shielded or insulated to prevent burns.
(c) Except in a center that serves only school-age children, electrical outlets must be tamper proof or shielded when not in use.
(d) A minimum temperature of 68 degrees Fahrenheit must be maintained in indoor areas used by children.
(e) Kitchens, stairs and other hazardous areas must be inaccessible to children except during periods of supervised use.
(f) Fire extinguishers must be serviced annually by a qualified inspector. The name of the inspector and date of the inspection must be written on a tag attached to the extinguisher.

Historical and Statutory Notes

Source:
Band Ordinance 31-09, § 1, Exhibit A, § 1735.
Band Ordinance 49-13, Title I, Section 1 and Exhibit A, § 1413.
Band Ordinance 16-04, Title I, § 14.