§ 3280.2. Purpose.
The purpose of this chapter is to provide standards to aid in protecting the health, safety and rights of children and to reduce risks to children in group child care homes. This chapter identifies the minimum level of compliance necessary to obtain the Departments certificate of compliance.
Notes of Decisions
Protection of Children Paramount
To sacrifice the safeguards provided by these regulations solely on the basis of the Department of Public Welfares procedural error in delaying to schedule a hearing on the day care providers appeal would serve only to penalize the children. Dismissal on procedural grounds, where judicial review establishes that the provider suffered no prejudice and that the finding of gross incompetence, negligence and misconduct was, in fact, supported by substantial evidence, would visit an injustice upon the very party these regulations were intended to protect. Winston v. Department of Public Welfare, 675 A.2d 372 (Pa. Cmwlth. 1996).
The provisions of this § 3280.2 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901922 and 10011088).
The provisions of this § 3280.2 amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133. Immediately preceding text appears at serial page (335061).
This section cited in 55 Pa. Code § 3280.221 (relating to requirements specific to school-age programs).
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